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HomeMy WebLinkAboutCOM 0008.000 2012-2014 4o;�tY Os\;1,'. William T.Takaba William P.Kenoi . ; �� ;•; �� �. Managing Director Mnt or Wally Lau �rE•11::T.d Deputy Managing Director County of Hawai`i 25 Aupuni Street • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Highway • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)326-5663 November 26, 2012 Honorable Dominic Yagong, Chairman 1 and Members of the County Council +;7 County of Hawai`i c° 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yagong and Members: Change of Zone Application(REZ 12-000158) Applicant: Dien-Jung Lin Request: RS-10 to ML-20 Tax Map Key: 2-2-035:045 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 letter and enclosures regarding the above-referenced request. Sincerely, A (rArtio, illiam P. K- of Mayor Enclosures cc: Planning Department < Comm. No. n Hawaii County is an Equal Opportunity Provider and Employer Ref. To: I" Ref. Date, DEC 0 5 ZD1Z '•''f,TE M;'r.. , County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 'NOV 2 .6 2B12'' The Honorable Dominic Yagong, Chairman and Members of the County Council ._ - County of Hawai`i -1-.2 25 Aupuni Street k.� v Hilo, HI 96720 Dear Chairman Yagong and Council Members: Change of Zone Application(REZ 12-000158) Applicant: Dien-Jung Lin Request: RS-10 to ML-20 Tax Map Key: 2-2-035:045 The Windward Planning Commission, at its duly held public hearing on November 9, 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 Limited Industrial —20,000 square feet (ML-20) zoning district for 21,050 square feet of land. The property is located along the west side of Kanoelehua Avenue, approximately 295 feet north of its intersection with Hualani Street, Waiakea Houselots, Waiakea, South Hilo, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant requests a change of zone from RS-10 to ML-20 to allow the establishment of an office and parking for a tour operation. The existing dwelling on the site will be converted into the proposed office. Parking for the mini buses, vans and employee parking will be provided on-site. Clients will not drive to the project site; instead, they will be picked up from the airport, cruise ship, and hotels. Hawai`i County is an Equal Opportunity Provider and Employer The Honorable Dominic Yagong, Chairman and Members of the County Council Page 2 In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from a Single-Family Residential (RS-10) to a Limited Industrial (ML-20) zoned district will conform to the goals,policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the goals,policies and standards of the General Plan in that the proposed development will be developed in an area adequately served by necessary services such as water, utilities, sewers and transportation systems. The proposed project also conforms to the Land Use- Industrial sub-element which states that "Industrial development shall be located in areas adequately served by transportation, utilities and other amenities." The Land Use Pattern Allocation Guide(LUPAG)map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The project area is designated Industrial on the LUPAG map. This industrial designation includes uses such as manufacturing and processing, wholesaling, large storage and transportation facilities and light industrial uses. The ML zoning would be consistent with the Industrial designation on the LUPAG map for this area of Hilo. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 3 The State Land Use designation for the subject property is Urban. The Hilo Community Development Plan (CDP), adopted in 1975, suggests the retention of residential uses in this area. However, this area is transitioning to commercial and light industrial uses. The advantage of this area is its location in close proximity to water, air transportation terminals, harbor facilities and the residential population of Hilo. The proposed change of zone would complement the existing industrial and commercial land uses that already exist in this area and will provide for an orderly development of the area. The property is a relatively level 21,050-square foot parcel. There is an approximately 50-year old single-family dwelling on the property. The remaining portion of the parcel is not improved. The land uses in the immediate area are a mix of commercial, industrial and some residential uses. Hilo International Airport is zoned ML-20 and located east of the property. Commercial and/or industrial uses nearby include warehousing, aviation related uses, and office buildings. Immediately adjacent properties are zoned ML-20 to the north (Isemoto Contracting base yard), MCX-20 to the south, and RS-10 to the west on Kalanikoa Street. The recently constructed Oceanic Time Warner building, Sherwin- Williams store, Tracy Lewis building and the Aloha Petroleum gas station are located to the south of the project site. All utilities and services are available to the site. Access to the project site is proposed from Kanoelehua Avenue,under the jurisdiction of the State Department of Transportation. Kanoelehua Avenue is a six-lane divided roadway at this section of the highway. Along this section of Kanoelehua Avenue, the right-of-way is 120 feet with 30- foot wide pavements within each travelway. There are curb, gutter and sidewalk improvements along the west side of Kanoelehua Avenue, including the subject property. No on-street parking is allowed. Because of the divided highway and a median between both travelways, access to the property will be restricted to right-turn in and right-turn out onto Kanoelehua Avenue. County water is available to the site. The applicant will comply with requirements of the County Department of Environmental Management or State Department of Health. 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 Honorable Dominic Yagong, Chairman and Members of the County Council Page 4 The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X", 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. By letter dated August 27, 2012, the applicant requested a "no effect" letter from the DLNR-HPD. No professional flora or fauna surveys were conducted, as the property has been improved with a single-family dwelling. The applicant does not believe that rare or endangered floral or faunal resources are on the site. The subject 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 less than one mile from the shoreline but will not be impacted by coastal hazard and beach erosion. There are no public accesses to the shoreline or mountain areas that traverse the property. 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. Based on the above findings, approval of this change of zone request from Single-Family Residential (RS-10) to a Limited Industrial (ML-20) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. This favorable recommendation is made with the understanding that the applicant comply with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject property. 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. The Honorable Dominic Yagong, Chairman and Members of the County Council Page 5 We are enclosing copies of the staff Background, Planning Director's Recommendation, the Powerpoint presentation, and State Department of Transportation comments dated October 30, 2012, for your information. Sincerely, Zendo Kern, Chairman Windward Planning Commission LI i nrez 12-00015 8 wpc2 Enclosures cc: Mr. Norman K. Hayashi Ms. Dien-Jung Lin Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD DOT-Highways, Honolulu Bill Brilhante, Esq., Corporation Counsel B DienJun gLinREZ.doc-10/22/12 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT DIEN-JUNG LIN CHANGE OF ZONE APPLICATION(REZ 12-158) DIEN-JUNG LIN has submitted an application for a Change of Zone from Single- Family Residential- 10,000 square feet(RS-10)to the Limited Industrial-20,000 square feet (ML-20) district for approximately 21,050 square feet of land. The property is located along the west side of Kanoelehua Avenue approximately 295 feet north of the Kanoelehua Avenue - Hualani Street intersection, Waiakea Houselots 1st series, Waiakea, South Hilo, Hawai`i, TMK: 2-2-35: 45. PROPOSED ACTION 1. Request: Change of zone from RS-10 to ML-20 to allow the establishment of an office and parking for a tour operation. The existing dwelling on the site will be converted into the proposed office. Parking for the mini buses, vans and employee parking will be provided on-site. Clients will not drive to the project site; instead,they will be picked up from the airport, cruise ship, and hotels. (P.D. Exhibit 1 - Change of Zone application) 2. Landowner: Dien-Jung Lin. 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 (SMA): The project site is located more than one mile from the shoreline and is not in the SMA. Attachment to: Corm. 8 Bill 3 -1- DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 8. Subject Property: The property is a relatively level approximately 21,050-square foot parcel. There is an approximately 50-year old single-family dwelling on the property. The remaining portion of the parcel is not improved. . 9. Surrounding Zoning and Land Uses: The land uses in the immediate area are a mix of commercial, industrial and some residential uses. Hilo International Airport is zoned ML-20 and located east of the property. Commercial and/or industrial uses nearby include warehousing, aviation related uses, and office buildings. Immediately adjacent properties are zoned ML-20 to the north(Isemoto Contracting base yard), MCX-20 to the south, and RS-10 to the west on Kalanikoa Street. The recently constructed Oceanic Time Warner building, Sherwin-Williams store, Tracy Lewis building and the Aloha Petroleum gas station are located to the south of the project site. 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: Fugitive dust during construction can be mitigated by compliance with the Department of Health's regulations. The only impact to air quality would be associated with vehicular traffic to and from the site. 14. FIRM: Zone "X", an area outside of the 500-year flood plain. 15. Coastal Hazards: The property is not an oceanfront parcel, and will not affect, or be affected by shoreline processes. 16. Recreational Resources: The proposed development 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. -2- 18. Flora/Fauna: As the project site is improved with a dwelling,no professional surveys were conducted of the site. The property is located in an urban setting in close proximity to the airport and aviation related uses. 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. On August 27, 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 to the project site is from Kanoelehua Avenue, a State highway with six lanes and a divided median. Along this section of Kanoelehua Avenue, the right-of-way is 120 feet with 30-foot wide pavement on both travelways. There are curb, gutter and sidewalk improvements along the west side of Kanoelehua Avenue, including the subject property. No on-street parking is allowed. Because of the divided highway and a median between both travelways, access to the property will be restricted to right turn in and right turn out onto Kanoelehua Avenue. 23. Water: County water is available to the site. 24. Wastewater: The existing dwelling is served by an individual wastewater system. The applicant will comply with the County Department of Environmental Management or the State Department of Health 25. Solid Waste: Solid waste will be handled by 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- October 8,2012 memo 28. Department of Water Supply: P.D. Exhibit 3 - October 16,2012 memo -3- 29. Police Department: P.D. Exhibit 4 - September 18,2012 memo 30. Fire Department: P.D. Exhibit 5 - October 1,2012 memo 31. Department of Environmental Management: P.D.Exhibit 6 - September 20,2012 memos 32. DLNR Land Division: P.D. Exhibit 7- October 8,2012 memo 33. Department of Health: P.D. Exhibit 8 - September 19,2012 memo 34. Department of Transportation: P.D.Exhibit 9 - October 9,2012 letter AGENCIES -NO RESPONSE 35. DLNR Historic Preservation Division PUBLIC COMMENTS 36. None as of this writing. -4- APPLICATION FOR CHANGE OF ZONE APPLICANT: DIEN-JUNG LIN RS-10 to ML-20 Waiakea House Lots, Waiakea, South Hilo, Hawaii Tax Map Key: (3) 2-2-35:45 Prepared by Norman K. Hayashi LLC August 2012 Planning Dept. Exhibit / CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANTS: Dien-Jung Lin APPLICANT'S SIGNATURE: g r\*.A.C DATE: ADDRESS: 610 Kekuanaoa Street Hilo,Hawaii 96720 L LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.)(808)938-7412 (Fax) (808) c14.1 LANDOWNER(S): Dien-Jung Lin DATE: _ : . LANDOWNER SIGNATURE(S):, �_=�--` •=-=--� f ! I/i (May •e • ette ) LANDOWNER(S)ADDRESS: (Same as above) REQUEST: RS-10 TO ML-20 (Existing zoning) (Proposed Zoning) TAX MAP KEY:2-2-35:45 STREET ADDRESS OF PROPERTY:496 Kanoelehua Avenue,Hilo,HI SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED:21,050 sq. ft. AGENT: Norman K. Hayashi LLC ADDRESS: 563 W. Kawailani Street Hilo HI 96720 TELEPHONE:(Cell.) (808) 895-0120 (Res.)(808) 959-7838 Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Norman Hayashi LLC COPIES: Applicant ATTACHMENT Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1 , if your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? No If yes, please answer the rest of question I and then to question 3. a. How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? c_ if your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you nave no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? b. Sell or lease the land to someone who has tentative plans? c. Sell or lease the land to someone who has no plans? d. Keep it? Yes e. other (please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc. ) ; financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. The property will be used for a travel tour company office and for the parking of its vehicles. 4. Have you performed any study which would demonstrate a need for your proposed building and/or development? No if so, please elaborate on your findings in the space provided below. -2- 5. Have you performed any study which discusses the environmental impacts your request would nave on the surrounding area and/or the County? No If so, please elaborate on your findings in the space provided below. 6. Are there any buildings on the subject area? Yes If so, what kind? Single-family dwelling What do you intend to do with those buildings if your request is approved? Convert the dwelling for office space. 7. Is the subject land currently being used for any agricultural activity? No if so, please list the kinds of products grown on and how many square feet or acres of land per product? -3- 8. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? yes No a. Schools x b. Roads c . Sewer x d. Drainage x e. Police Protection x f. Fire Protection g Recreational Facilities h. Recreational Facilities i. -4- For those checked "yes, " please elaborate what type or kinds of improvements and/or assistance are needed. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. No since the property has been cleared and used for residential purposes since the 1950s. Signature: Address: 610 Kekuanaoa Street,Hilo,HI 96720 Telephone: Date: `/3 t Z... -5- 6338A/50A P. D. 5/84 CHANGE OF ZONE APPLICATION APPLICANT: DIEN JUNG LIN BACKGROUND AND COUNTY ENVIRONMENTAL REPORT REQUEST: RS-10 to ML-20 Waiakea Houselots, South Hilo, Hawaii TMK: (3)2-2-35:45 I. INTRODUCTION Ms. Dien Jung Lin, ("Applicant") is seeking a Change of Zone for 21,050 square feet of land from a Single-Family Residential — 10,000 square feet (RS-10) to a Limited Industrial—20,000 square feet (ML- 20) district. II. LANDOWNERSHIP The Applicant recently purchased the property from the Jack Ho Trust and the Olivia Ho Trust. III. PROJECT LOCATION The property is located along the west side of Kanoelehua Avenue, approximately 295 feet north of the Kanoelehua Avenue—Hualani Street intersection, Waiakea Houselots, South Hilo, Hawaii, Tax Map Key: (3)2-2-35:45. The physical address is 496 Kanoelehua Avenue. The property is the last remaining lot along this section of Kanoelehua Avenue which is not zoned for either Limited Industrial (ML) or Industrial-Commercial Mixed (MCX) zoning. These other lots along Kanoelehua Avenue adjacent to or in close proximity to this property were rezoned for ML or MCX uses during the last two or more decades. IV. PROJECT DESCRIPTION There is an existing single-family dwelling on the property. If the Change of Zone is approved, the Applicant intends to establish an office and parking for a tour operation. The existing single-family dwelling will be converted to office space for the tour operation. Areas for the tour mini buses and vans, and employee parking will be provided on-site. Clients will not drive to the site but instead, will be picked up at the airport, cruise ship harbor, and at the hotels. The Applicant intends to comply with all land use and development codes relative to parking, drainage, landscaping, etc. V. DEVELOPMENT TIMETABLE The Applicant intends to utilize the property for its intended purpose immediately upon receipt of all rezoning and administrative permit approvals. VI. LAND USE DESIGNATIONS A. County General Plan The Hawaii County General Plan is a policy document to guide the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth by designating and preserving appropriately located lands for residential, commercial, industrial, agricultural, open and other uses, and to coordinate these uses with the County and State services 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 residents of Hawaii Island. The requested zone change is consistent with the following goals and policies of the General Plan: • Zone urban type uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. 2 • Promote and encourage the rehabilitation and use of urban areas that are serviced by basic community facilities and utilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • It shall be the policy of the County to achieve a broader diversification of local industries by providing opportunities for new industries and strengthening existing industries. • Through its zoning powers, the County shall locate industrial areas convenient to transportation facilities, and provide a variety of industrial zoned districts and lot sizes, depending on the needs of the industries and the communities. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. • Industrial development shall be located in areas adequately served by transportation, utilities and other amenities. Redeveloping of new areas shall be developed in concert with programmed public and privately funded infrastructure to meet the expected needs. • Topography of industrial land shall be reasonably level. • Industrial development shall be conveniently located to its labor resources. • The County shall identify sites suitable for future industrial activities. • Provide residents with opportunities to improve their quality of life through economic development. 3 • Strive for diversity and stability in the economic system. • Provide an economic environment that allows new, expanded, or improved economic opportunities. • Strive for an economy that provides its residents an opportunity for choice of occupation. • Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. The General Plan also includes a Land Use Element, which also consists of a General Plan Land Use Pattern Allocation Guide ("LUPAG") Map. The LUPAG Map designation for the property is Industrial. Industrial-designated areas allow uses such as manufacturing and processing, wholesaling, large storage and transportation facilities, light industrial and industrial-commercial uses. The ML zoning is consistent with the LUPAG Map designation of Industrial. B. State Land Use The property has been within the State Land Use Urban district since the district boundaries were established in 1964. Therefore, no State Land Use district boundary amendment is required. C. Hilo Community Development Plan The Hilo Community Development Plan ("CDP") was adopted as Planning Commission Resolution No. 1 in 1975, almost 40 years ago. The CPD was intended to further define the General Plan for the area back then and provide short and middle range implementation strategies of the General Plan. Since the adoption of the Hilo CDP, there have been significant developments in the City of Hilo, one of which is the transition of the Waiakea Houselots area from a residential to a mixed industrial-commercial area. This land use change is reflected in the current General Plan LUPAG map. These developments rendered many of the land use concepts articulated in the CDP 4 as being outdated. While the CDP designates the area for RS- 10 zoning, it is inconsistent with the General Plan land use designation and zoning actions taken during the last two to three decades. The current General Plan land use designation of Industrial is a more accurate depiction of the land use pattern for this section of the Waiakea Houselots area; thus rendering the CDP residential designation for the area obsolete. D. County Zoning The zoning designation for the property is Single-Family Residential 10,000 square feet (RS-10). However, over the last couple of decades or more, various rezonings in the area to industrial-commercial mixed uses, commercial, or industrial uses were approved. In reviewing these rezoning actions, it is obvious that this section of the Waiakea Houselots area has transitioned into industrial and industrial-commercial mixed uses. This property is the last remaining lot along this section of Kanoelehua Avenue which is still zoned RS-10. According to the Zoning Code (Chapter 25, HCC, as amended), "the ML (limited industrial) district applies to areas for business and industrial uses which are generally in support of but not necessarily compatible with those permissible activities and uses in other commercial districts." The ML district allows transportation and tour terminals and accessory uses such as related office use. E. Special Management Area The property is not located in the Special Management Area (SMA); as such, no SMA Permit is required. F. Hawaii Coastal Zone Management Program The objectives of the Hawaii Coastal Zone Management (CZM) Program are outlined in Chapter 205A, Hawaii Revised Statutes. The principal goal is to assure the protection and maintenance of the State's coastal resources. Although the entire State falls within the CZM area, the permitting process is geared for those areas proximate to the coast and identified by the County as the Special Management Area. The proposed 5 project will not have any substantial adverse environmental or ecological effect. Any effect that may result will be minimized to the extent practicable and will be clearly outweighed by public interest. VII. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING A. Project site The property is a rectangular shaped 21,050-square foot lot with frontage along Kanoelehua Avenue of approximately 100 feet and a depth of approximately 210.50 feet. There is a 1,044 square foot single-family dwelling on the property, constructed in 1952. The dwelling is currently unoccupied but will be converted to office space for the proposed use. The rest of the property has been cleared and is vacant of any other structures. There are a few fruit trees and landscaping plants growing on the property. The front, rear and north side of the property is enclosed with a wire fence. There is a stone wall on the south side of the property. B. Surrounding properties The Waiakea Houselots area has been transitioning from residential to industrial and commercial uses over the past couple of decades or more. Lands along Kanoelehua Avenue in the vicinity of the subject property have been rezoned to Limited Industrial (ML) or Industrial-Commercial Mixed (MCX) districts. The adjacent land to the south is currently zoned MCX-20 while the abutting lots to the north, which includes the Isemoto Contracting base yard, are zoned ML-10. The recently constructed Oceanic Time Warner building; the Sherwin-Williams painting supply building; the Tracy Lewis building; and the Aloha Petroleum Gas station are located to the south. These adjacent properties are either zoned ML or MCX. The adjoining lot to the rear (west) of the property is zoned RS- 10. 6 C. Climate, Soil and Topography The annual median rainfall for this area over the past several years has been approximately 130+ inches. Wind patterns are generally easterly during the day and westerly during the evenings. The property is relatively level with no significant slopes. The current elevation of the property is approximately 27 feet above sea level. The U.S.D.A. Natural Resource Conservation Service's Soil Survey of the Island of Hawaii classifies the soil on the property as Keaukaha Series (rKFD), which consists of well- drained, thin organic soils overlying pahoehoe lava bedrock. This surface layer is about eight inches thick. The soil above the lava is very slowly permeable, but water moves rapidly through the cracks. Runoff is medium and the erosion hazard is slight. The Land Study Bureau designates the property for Urban use. The property is not classified under the Agricultural Lands of Importance to the State of Hawaii (ALISH) system; thus, it is not recognized as being of importance for agricultural use. D. Natural Hazards 1. Drainage/Flood Hazards The Federal Emergency Management Agency (FEMA) Flood Insurance Rate map (FIRM) identifies the project area as Zone "X" (areas outside of the 500-year flood plain). There are no drainage ways through the property. Therefore, the proposed rezoning of the property will not alter or affect the existing drainage improvements of the area. . 2. Volcanic, Earthquake and Tsunami Hazards According to the United States Geological Survey maps, the property is located within Lava Flow Hazard Zone 3, on a scale of ascending risks 9 to 1. The entire City of 7 Hilo falls in the Zone 3 category. The Building Code designates the entire island of Hawaii as Earthquake Zone 4 and contains certain structural requirements to address the relative seismic hazard. The property is within the Tsunami Evacuation area which extends from the shoreline to Hualani Street. 3. Flora and Fauna There is an existing single-family dwelling on the front portion of the property. The property is cleared of all vegetation and noxious weeds. There are a few fruit trees growing on the property. Since the property was previously improved for residential use, no professional flora or fauna study was conducted. Due to the developed state of the property and its immediate surroundings, no rare or endangered floral or faunal resources are likely to be found within the site. Plant species found on the property and within the surrounding vicinity are introduced landscaping and fruit trees. Due to the long-term residential use of the property and surrounding lands, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the property. The area has not been identified as a significant botanical or biological habitat. Due to the established surrounding urban uses, it is highly unlikely that the area would serve as a habitat for rare or endangered animal species. 4. 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. 8 Existing ambient noise in this area includes the traffic on Kanoelehua Avenue, as well as from the aircraft landing and taking off from the Hilo International Airport. Given the existing ambient noise and existing urban environment, the proposed request would not have a significant noise impact to surrounding properties. 5. Water and Coastal Resources Since the property is located away from the coastline, there will be no coastal impacts resulting from discharge or drainage systems from the site. If required by the Department of Public Works, the Applicant will install a drainage system on the property that meets with that department's approval. 6. Scenic and Visual Consideration In the Natural Beauty element of the General Plan, there are sites or areas listed as scenic resources. The property is not listed as a scenic site. 7. Cultural Resources In view of the Hawaii State Supreme Court's "PASH" and Ka Pa'akai 0 Ka'Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices on this site. In this situation, the property is not adjacent to and/or in close proximity to the shoreline; as such, native gathering rights and coastal access is not an issue. The property is not listed on the Federal and State Register of Historic Sites or identified as a historic site in the County of Hawaii General Plan Historical Element. Since the site was previously developed for single-family use, there are no observable traditional and customary native Hawaiian practices being exercised on the property. 9 As no valued cultural, historical or natural resources and no traditional and customary native Hawaiian rights were found or are practiced on the site, these rights will not be affected or impaired by the proposed use. There is no feasible action to be taken other than to require that if in the future, any valued cultural, historical, natural resources and/or traditional and customary native Hawaiian rights are discovered on the project site, the Applicant will report the discovery to the State of Hawaii, Department of Land and Natural Resources Historic Preservation Division for review. 8. Historic and Archaeological Resources Most historic sites in South Hilo have been destroyed by agriculture, urban growth, and natural changes in land forms. The property is not among those listed as historic in the Hawaii State Register of Historic Places, and has not been determined to be eligible for inclusion in the National Register of Historic Places, and is not profiled as a significant cultural and/or historic site in the General Plan within the South Hilo district. By letter dated August 27, 2012, the Applicant requested a letter of no effect from the State Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD). E. Infrastructure 1. Road Kanoelehua Avenue is a 6-lane divided highway with a landscaped median strip dividing the traffic flow in both directions. This highway has a right-of-way of 120 feet. with 30-foot wide pavement on both travelways. Curbs, gutters or drywells and sidewalks are installed along the frontage of lots along west side of Kanoelehua Avenue, including the subject property. No on-street parking is allowed along this section of Kanoelehua Avenue. Because of the divided highway which includes a center 10 median between both travelways, ingress and egress to and from the property is restricted to right turn in and right turn out onto Kanoelehua Avenue. 2. Water County water is available from a 12-inch water line along Kanoelehua Avenue. The existing 5/8-inch water meter should be sufficient for the office use. If additional or larger meter is required by the Department of Water Supply, it will be installed by the Applicant. 3. Solid Waste Solid waste is currently hauled individually or by commercial haulers to the Hilo transfer station or landfill site. 4. Sewage Disposal The existing dwelling is served by an individual sewer treatment system. The Applicant will comply with the sewage requirements of the County Department of Environmental Management and/or the State of Hawaii Department of Health. 5. Police and Fire Protection Police and fire services are available in close proximity to the property. 6. Airport and Cruise Ship Harbor Facilities The Hilo International Airport and the Hilo Harbor docking facility for cruise ships are located slightly over one mile from the subject property. Some of the Applicant's clients will be picked up at the airport or at the cruise ship facility at the harbor. Others will be picked up at the hotels also located in close proximity to the property. 11 F. Environmental Assessment and Analysis 1. Relationship between local short-term uses of environment and maintenance and enhancement of long-term productivity The proposed use will be established as soon as all permit approvals are received. This project should not result in any significant adverse short or long-term impacts that cannot be properly rectified or mitigated. The short-term use of the property could be for continued residential use. The long-term productivity of the property would transition into a limited industrial use if the rezoning is granted. This rezoning action for its intended use would not result in any significant adverse short- or long-term impacts that cannot be properly mitigated or rectified. The location of this proposed use would be readily accessible to the airport and cruise ship facilities. The requested change of zone for its intended limited industrial purposes would allow a more productive use of the property which would be consistent with current land uses of this section of the Waiakea Houselots area. 2. Mitigative measures proposed to avoid, minimize, rectify or reduce impact Impacts resulting from the proposed change of zone are expected to be minimal. Any potential impacts can be mitigated by complying with all applicable code requirements. The Applicant intends to provide all infrastructure required as part of the conversion of the property from a single-family residential to a office/tour company use. These infrastructure improvements may include drainage, driveway access, wastewater, and water. The Applicant will also comply with requirements of the State Department of Transportation, Highways and Airports Division, as well as those of the State Department of Health. 12 As may be required by the Planning Department, appropriate landscaping will be incorporated on the property in accordance with the department's landscaping rules. 3. Alternative to the proposed project If the current RS-10 zoning for the proper remains, the Applicant could continue to use the existing structure for residential use. The Applicant would also be able to subdivide the 21,050-foot lot into two 10,000-square foot lots; thus doubling the current residential density of the property. By construction a single-family dwelling and an Ohana dwelling on each of the lot, a total of four dwelling units may be constructed on the property. However, the Limited Industrial and Industrial- Commercial Mixed zoning of the surrounding properties would make the single-family residential use of the property further incompatible with the surrounding lots. The proposed rezoning of the property would promote development of the overall Limited Industrial and/or Industrial-Commercial Mixed uses of this section of the Waiakea Houselots area. 4. Irreversible and irretrievable commitment of resources that would be involved if the proposed action is implemented The property has been extensively disturbed as it has been in residential use for many years. Therefore, the rezoning of this property for its intended use does not involve any irreversible and irretrievable commitment of natural resources. The property does not serve as a habitat for any endangered plant and animal species. 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I --,.1 -.: ;,. . i , to p4-4 1,-:a -I' 7'Z • Et °I.> r•.0"i- i° '...- ] •c : •t, ,, 4.1 '.'-• ■.,7 I : • j:: Vil, :$ ' i (111717 l' WRITTEN METES & BOUNDS DESCRIPTION Order Number: 4-3998835 Page Number: 6 LEGAL DESCRIPTION Real property in the County of Hawaii, State of Hawaii, described as follows: ALL OF THAT CERTAIN PARCEL OF LAND(BEING ALL OF THE LAND(S) DESCRIBED IN AND COVERED BY LAND PATENT GRANT NUMBER 12,520 TO BEN TATSUKICHI OKINO)SITUATE, LYING AND BEING AT WAIAKEA, DISTRICT OF SOUTH HILO, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, BEING LOT 10 OF BLOCK 16 OF THE"WAIAKEA HOUSE LOTS, 1ST SERIES" SUBDIVISION AND THUS BOUNDED AND DESCRIBED: BEGINNING AT THE SOUTHEAST CORNER OF THIS LOT,THE NORTHEAST CORNER OF LOT 12, BLOCK 16 OF THE WAIAKEA HOUSE LOTS, 1ST SERIES,AND ON THE NEW WEST SIDE OF KANOELEHUA AVENUE,THE COORDINATES OF SAID POINT OF BEGINNING REFERRED TO GOVERNMENT SURVEY TRIANGULATION STATION "HALAI"BEING 623.00 FEET SOUTH AND 11,062.50 FEET EAST,AS SHOWN ON GOVERNMENT SURVEY REGISTERED MAP 2566 AND RUNNING BY AZIMUTHS MEASURED CLOCKWISE FOR TRUE SOUTH: 1. 90° 00' 210.50 FEET ALONG LOT 12, BLOCK 16 OF THE WAIAKEA HOUSE LOTS 1ST SERIES (LAND PATENT NUMBER 11,557 TO NOBUO AND MIYOKO KIMURA); 2. 180° 00' 100.00 FEET ALONG LOT 9, BLOCK 16 OF THE WAIAKEA HOUSE LOTS 1ST SERIES; 3. 270°00' 210.50 FEET ALONG LOT 8, BLOCK 16 OF THE WAIAKEA HOUSE LOTS, 1ST SERIES (LAND PATENT GRANT NUMBER 11,529 TO TOSHIKISA ISEMOTO); 4. 360°00' 100.00 FEET ALONG THE NEW WEST SIDE OF KANOELEHUA AVENUE TO THE POINT OF BEGINNING AND CONTAINING AN AREA OF 21,050 SQUARE FEET, MORE OF LESS. BEING ALL OF THE PREMISES CONVEYED BY WARRANTY DEED RECORDED DECEMBER 21, 2010 AS REGULAR SYSTEM DOCUMENT NO. 2010-198550 OF OFFICIAL RECORDS. GRANTOR:JACK HO AND OLIVIA L. HO, HUSBAND AND WIFE GRANTEE: JACK HO AND OLIVIA L HO, CO-TRUS I tES OF(1)THE JACK HO TRUST DATED NOVEMBER 15, 2010,AS AMENDED OR RESTATED,AS TO AN UNDIVIDED ONE-HALF(1/2) INTEREST,AND (2)THE OLIVIA L HO TRUST DATED NOVEMBER 15, 2010,AS AMENDED OR RESTATED,AS TO AN UNDIVIDED ONE-HALF(1/2) INTEREST,AS TENANTS IN COMMON TMK(S): (3) 2-2-035-045-0000 first American Title SITE MAP WITH LEGAL DESCRIPTION 1■ 1 f° l a O -I r N ooh co O 3 0 00" 100.00' 8 80 00 03 1 ' ' ..... - - 3 lovo rock wolf i 0 cn pnT0 r Z O C Z a Z t Z 0 � m I °0 p n o "Ti v I a 0 D x LA N) > O II _1 i O rn Q O N 0 tJ _ o O z N O C r' co 0 o tp r- I z P m -0 R o® O O O I g 7"; LA t 0() O I O F ( )-P0 O —1 o 1 D — Is)Z z ---I -P ^' -< D 0 r NJ U' • . . Milli.73 X 7a O m - P. a = O ZN �, -D = O I Z ..i-- o N . D r- 1 C ;. a p xl F r4r>• 11.1 O—► r I -< D. O -▪® --1 I -I - O S CO 0 r- O co C) x D cl m W _. -4 f N t O o W N I O 4 f— N A _ 0' 00' 00" 100.00' C �chci n ink fence gote concrete woll with chom link ence i 5_d * qNT i t ale V.-ollii' -"i KANOELEHUA AVE CI \o W PHOTO OF EXISTING STRUCTURE 1 R • b y 1 .y - AERIAL PHOTO OF PROPERTY - , r: C .rs a - € i1" z'`w • •S- '''''"''':ii i, r ... ;_ +tom C . -. `,e,.as -' ,� $ 4� � ye'S 3g.., itei F 4 ,er ,. t,.3 f*mt 1, `2 , tipb "' , COUNTY GENERAL PLAN MAP OF AREA i . . ... . . - N'::' '. "..... ., , .. .. .., ../ ., / /-• ---,,, 2 ,-;-..,-, _-'-...../ ....._ ...„..,-„,..-4 i , ...., ;>--- ----- .,. __.1___ ___ ___ ----__, '-':--lill_ 1 I-I ..._ _____ ___ —3101VT1141-41:31TrA-- 3rOrtf11431301,capi — j- I- CO < - i 1 _____ H 1 iiii. i I I -I,. m,____ 1--- a 1 , _ a 4. .. 74* . , I ----.•"7",-Lir---1 - 13 . .■ ,. . II . - . . . . TT ' IF fly - . . 1,- ....____ I E . . I I 1 1 _ _ .. , . r 1 , , .. 1 L... 1 1-'3-0/4kottttl-- — COUNTY ZONING MAP OF AREA ,.af m'-T i y, �44---, F : �,ik "- x C t ax`-':-''''-'7"1"1 N .. ' �"S 4 q r Z � 'c$ - 5 F '�' r .fi ' : ,: t x -fl, * iki i y, 1..„1'.,2._-:=,,-...,.r' -ww � swk }` s * } ��',�" zc :s`uc kr 6£ er f ,,,l'4°.''' `�� ''" ` t.a' '.—*: + E ' S� Js � '� � t' fir"2'; y -�� �i ��[ �{a '4,',:.',".....t. ":,,,,-°„'- ,r � � >'t��a� 3}'3-- i i , - 41 O VI f Q lam ' -• , .... O G.' { tierrri;il1a :. It 41i111 ice I- 7 U, i to LETTER TO DLNR-SHPD REQUESTING "NO EFFECT" NORilitital K.HA AS I,LLC Land Use Planning 563 W. Kawailani Street g Hilo, Hawaiil 96720 Tel:808.959.7838 Cell:808.895.0120 -mail:nkhayashi @hawaiiantel.net August 27,2012 Ms.Theresa K.Donham State Historic Preservation Division-DLNR 40 Pookela Street Hilo,Hawaii 96720 Dear Ms. Donham: Chapter 6E-42 Historic Preservation Review Request for"No Effect"Letter Change of Zone Application RS-10 to ML-20 Applicant: Ms. Dien-Jung Lin TMK: (3)2-2-35:45 I am representing Dien-Jung Lin in her quest to rezone the above-captioned property from a Single-Family Residential-10,000 square feet(RS-10)to a Limited Industrial— 20,000 square feet(ML-20)district. As you are aware,one of the requirements of the County of Hawaii Planning Department is to either get a"no effect"letter from the State Historic Preservation Division or do an inventory survey for the area requested for rezoning. The 21,050-square foot property is located along the west side of Kanoelehua Avenue and abuts the Isemoto Contracting baseyard situated to the north. The areas to the south of the property have been rezoned to either Limited Industrial (ML)or Industrial- Commercial Mixed(MCX)districts over the past few decades. The property has been improved for residential use since the early 1950s. The existing single-family dwelling on the property was constructed in 1952 and is in good condition. The Applicant intends to convert the dwelling to an office for a proposed tour operation. The rest of the property will be used for the parking of mini-tour buses and tour vans, as well as for employee parking. Since the existing dwelling appears to have no historical or cultural value, I would appreciate a"no effect"letter from your office. Could you please submit the"no effect" letter to the Planning Department with a copy to me at your earliest convenience? The Change of Zone application will be submitted to the Planning Department within a couple of weeks,and as a matter of practice,I am sure that the Planning Department will submit a copy of the application for your review. Should you require additional information or have any questions,please feel free to contact me. Sincerely, Norman K. Hayashi cc: Dien-Jung Lin . 2 is ry ,� 1.6 DEPARTMENT OF PUBLIC WORKS 21.117 PCT -;2 pr 3: 142 COUNTY OF HAWAII HILO, HAWAII DATE: October 8, 2012 NeMindiedarn TO: BJ Leithead Todd, Planning Director FROM: ` 1 Department of Public Works SUBJECT: CHANGE OF ZONE APPLICATION (REZ 12-000158) Applicant: Dien-Jung Lin Request: RS-10 to ML-20 Tax Map Key: 2-2-35: 045 We have reviewed the subject application forwarded by your memo dated September 10, 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. Questions may be referred to Kelly Gomes at ext. 8327. SCANNED Plannin g Dept. 1A117, Exhibit x County of Hawaii is an Equal Opportunity Provider and Employer 1 79 49; DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII G�ry�fkAWt���;?Pe 345 KEKOANAO`A STREET, SUITE 20 • HILO, HAWAI'I 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 October 16. 2012 :-----3 )�- 7.! TO Ms. 13J Leithead"fodd, Director Planning Department ::i? 'FROM: Quirino Antonio,Jr.. Manager—Chief Engineer ua SUBJECT: CHANGE OF ZONE APPLICATION(REZ 12-000158) cn APPLICANT—DIEN-JUNG LIN REQUEST: RS-10 TO ML-20 TAX MAP KEY 2-2-035:045 We have reviewed the subject application and have the following comments and conditions. Water is available from an existing 12-inch waterline within Kanoelehua Avenue fronting the subject parcel. • There is an existing 518-inch meter serving the subject parcel, which is limited to an average daily usage of 400 gallons. The Department has no objection to the proposed Change of Zone Application subject to the applicant understanding and accepting the following conditions: 1. The Department requests that the applicant submit estimated maximum daily water usage calculations, prepared by a professional engineer licensed in the State of Hawaii, for review and approval. The water usage calculations should include the estimated peak flow in gallons per minute and the total estimated maximum daily water usage in gallons per day, including all irrigation use. Based on the water usage calculations provided above, if the existing 5/8-inch meter cannot accommodate the estimated demand,a larger or additional meter will need to be installed and remittance of the prevailing facilities charge, which is subject to change, will be required. 2. The proposed zoning will require the installation of a reduced pressure type backflow prevention assembly by a licensed contractor; within five(5) feet of the meter on private property. If a larger or additional meter is required, a backflow prevention assembly will also be required for that meter. The installation of the backflow prevention assembly(s)must be inspected and approved by the Department before water commencement of water service. 3. Subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Planning Dept. Exhibit 3 0 816 0 8 . . .Water, Our 9vlost Precious resource. . . Ka Wai. 1.Kane . . . I Ms. BJ Leithead"Todd. Director Page 2 October 16, 2012 Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. Sincere yours. Quirino ntonio,Jr., P.E. Manag -Chief Engineer RQ:dfg copy— Dien-Jung Lin Norman K. Hayashi LLC DWS Cross Connection Section -■;:jY OF 1{,Q'' William P.Kenos t• �)�;!j`' Harry S.Kubojiri Mayor �;1 }< + ,x r it i f i t Police Chief grF•OF HP� = Paul K.Ferreira Deputy Police Chief l Coun ty of Hawai`i POLICE DEPARTMENT 349 Kapiolani Street • Hilo,Flawai`i 96720-3998 (808)935-3311 • Fax(808)961-8865 September 18, 2012 TO BJ LW, TODP), PLANNING DIRECTOR FROM : 4,,HE 'Y J. "�"'A RES, JR., ASSISTANT POLICE CHIEF AREA I Or R` IONS BUREAU SUBJECT: CHANGE OF ZONE APPLICATION (REZ 12-000158) APPLICANT: DIEN-JUNG LIN REQUEST: RS-10-TO ML-20 TAX MAP KEY: 2-2-035:045 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:IIi 120554 ANNFD 7017 Planning Dept. I By0 5 Exhibit "t lawai'i County is an Equal Opportunity Provider and Employer { a s t L °y P rjr4 1T �s y William P. Kenoi Darren J. Rosario 4 Mayor "vF:..4, 4 The Chief 70f7 1±f i !If : 57 44TH '�,�, Renwick J.Victorino `.\` o►x_ Deputy Fire Chief QCouutp of acboa t I HAWAII FIRE DEPARTMENT 25 Aupunl Street • Room 2501• Hilo,Hawaii 96720 (808)932-2900 • Fax(808)932-2928 October 1,2012 TO: BJ LEITHEAD TODD, PLANNING DIRECTOR FROM: DARREN J. ROSARIO,FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION(REZ 12-000158) APPLICANT: DIEN-JUNG LIN REQUEST: RS-10 to ML-20 TAX MAP KEY: 2-2-035:045 In regards to the above-mentioned Change of Zone application, the following shall be in accordance: NFPA 1,UNIFORM FIRE CODE,2006 EDITION Note: NFPA 1, Hawairi State Fire Code with County amendments. County amendments are identified with a preceding "0---"of the reference code. Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow,or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including,but not limited to, additional fire appliance units,more than one type of appliance, or special systems suitable for the protection of the hazard involved. 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. 18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be submitted to`the fire department for review and approval prior to construction. Planning Dept Exhibit 1 Hawni'i County is an Equal Opportunity Provider and Employer..:,) BJ Leithead Todd October 1,2012 Page 2 C-18.1.1.2.1 Fire Hydrant use and Restrictions.No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department,or company that owns or governs that water supply or system. Exception:Fire Department personnel conducting firefighting operations,hydrant testing, and/or maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2* Access to Structures or Areas. 18.2.2.1 Access Box(es).The AHJ shall have the authority to require an access box(es)to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments.The AHJ shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access Maintenance.The owner or occupant of a structure or area,with required fire department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads. 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility,building,or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes,parking lots lanes, or a combination thereof. 18.2.3.1.3* When not more than two one- and two-family dwellings or zprivate garages, carports, sheds, agricultural buildings, and detached buildings or structures 400f (37 m2) or less are present,the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. BJ Leithead Todd October 1, 2012 Page 3 18.2.3.1.4 When fire department access roads cannot be installed due to location on property, topography, waterways, nonnegotiable grades, or other similar conditions, the AHJ shall be authorized to require additional fire protection features. 18.2.3.2 Access to Building. 18.2.3.2.1 A fire department access road shall extend to within in 50 ft (15 m) of at least one exterior door that can be opened from the outside and that provided access to the interior of the building. 18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.2 shall be permitted to be increased to 300 feet. 18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft (46 m) from fire department access roads as measured by an approved route around the exterior of the building or facility. 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.2 shall be permitted to be increased to 450 ft (137 m). 18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided when it is determined by the AHJ that access by a single road could be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access. 18.2.3.4 Specifications. 18.2.3.4.1 Dimensions. C- 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than 20 feet wide within 150 feet of the structure being protected. An approved turn around area shall be provided if the FDAR exceeds 250 feet. C— 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in. C—18.2.3.4.1.2.1 Vertical clearances maybe increased or reduced by the AHJ, provided such increase or reduction does not impair access by the fire apparatus, and approved signs are installed and maintained indicating such approved changes. 4rr� " BJ Leithead Todd October 1,2012 Page 4 18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not adequate to accommodate fire apparatus. C'— 18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and maintained to support the imposed loads (25 Tons) of the fire apparatus. Such FDAR and shall be comprised of an all-weather driving surface. 18.2.3.4.3 Turning Radius. C— 18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30 feet, and a minimum outside turning radius of 60 feet. 18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width. 18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft (46 m) in length shall be provided with approved provisions for the fire apparatus to turn around. 18.2.3.4.5 Bridges. 18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall be constructed and maintained in accordance with county requirements. 18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. 18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the AHJ. 18.2.3.4.6 Grade. C- 18.2.3.4.6.1 The maximum gradient of a Fire department access road shall not exceed 12 percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a Fire apparatus would connect to a Fire hydrant or Fire Department Connection, the maximum gradient of such area(s) shall not exceed 10 percent. 18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft (0.3 m drop in 6 m) or the design limitations of the fire apparatus of the fire department, and shall be subject to approval by the AHJ. 4. BJ Leithead Todd October 1,2012 Page 5 18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb cuts extending at least 2 ft (0.61 m)beyond each edge of the fire lane. 18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall be approved the AHJ. 18.2.3.5 Marking of Fire Apparatus Access Road. 18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be provided and maintained to identify fire department access roads or to prohibit the obstruction thereof of both. 18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane. 18.2.4* Obstruction and Control of Fire Department Access Road. 18.2.4.1 General. 18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any manner, including by the parking of vehicles. 18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained at all times. 18.2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles. 18.2.4.2 Closure of Accessways. 18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads, trails, or other accessways not including public streets, alleys, or highways. 18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner. BJ Leithead Todd October 1, 2012 Page 6 18.2.4.2.3 Roads, trails, and other accessways that have been closed and obstructed in the manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and the AHJ. 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. 18.2.4.2.5 Locks, gates, doors, barricades, chains, enclosures, signs, tags, or seals that have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with, or otherwise vandalized in any manner. 18.3 Water Supplies and Fire Hydrants 18.3.1* A water supply approved by the county, capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities or buildings, or portions thereof, are hereafter constructed, or moved into or within the county. When any portion of the facility or building is in excess of 150 feet (45 720 mm) from a water supply on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the AHJ. For on-site fire hydrant requirements see section 18.3.3. EXCEPTIONS: 1. When facilities or buildings, or portions thereof, are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 may be modified by the AHJ. 2. When water supply requirements cannot be installed due to topography or other conditions, the AHJ may require additional fire protection as specified in section 18.3.2 as amended in the code. 3. When there are not more than two dwellings, or two private garage, carports, sheds and agricultural. Occupanicies, the requirements of section 18.3.1 may be modified by AHJ. 18.3.2*Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3* The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both, in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. • BJ Leithead Todd October 1, 2012 Page 7 18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25 or county requirements as determined by the AHJ. 18.3.6 Where required by the AHJ, fire hydrants subject to vehicular dam age shall be protected unless located within a public right of way. 18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval, testing, and maintenance, in accordance with the respective county water requirements. Records shall be made available for review by the AHJ upon request. C� 18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for Firefighting. Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections (FDC) to alternative water supplies shall comply with 18.3.8 (1)-(6) of this code. NOTE: In that water catchment systems are being used as a means of water supply for firefighting, such systems shall meet the following requirements: (1) In that a single water tank is used for both domestic and firefighting water, the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; • BJ Leithead Todd October 1, 2012 Page 8 (2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection(FDC) shall be as follows: (a) 4" for C900 PVC pipe; (b) 4" for C906 PE pipe; (c) 3"for ductile Iron; (d) 3' for galvanized steel. (3) The Fire Department Connection(FDC) shall: (a)be made of galvanized steel; (b) have a gated valve with 2-1/2 inch, National Standard Thread male fitting and cap; (c) be located between 8 ft and 16 ft from the Fire department access. The location shall be approved by the AHJ; (d)not be located less than 24 inches, and no higher than 36 inches from finish grade, as measured from the center of the FDC orifice; (e) be secure and capable of withstanding drafting operations. Engineered stamped plans may be required; (f)not be located more than 150 feet of the most remote part, but not less than 20 feet, of the structure being protected; (g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code; (4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second FDC. Each FDC shall be independent of each other, with each FDC being capable of flowing 500gpm by engineered design standards. The second FDC shall be located in an area approved by the AHJ with the idea of multiple Fire apparatus' conducting drafting operations at once, in mind. (5) Inspection and maintenance shall be in accordance to NFPA 25. (6) The owner or lessee of the property shall be responsible for maintaining the water level, quality, and appurtenances of the system. EXCEPTIONS TO SECTION 18.3.8: (1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment storage. (2)Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. (3) For one and two family dwellings, agricultural buildings, storage sheds, and detached garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 1000 feet. (4) For one and two family dwellings, agricultural buildings, and storage sheds BJ Leithead Todd October 1, 2012 Page 9 greater than 2000square feet, but less than 3000 square feet and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 500 feet. (5) For buildings with an approved automatic sprinkler system, the minimum water supply required may be modified. If there are any questions regarding these requirements, please contact the Fire Prevention Bureau at (808) 932-2911. • DARREN J. ROSARIO Fire Chief RP/lc # l' 1T ~tr os p ; William P.Kenoi r i •:a ` �� Dora Beck,P.E. Mayor • -or Acting Director • 7. 26 William T.Takaba • r .•,10,• re or OP, Managing Director Count iif A�zf�tt`t DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo,Hawar i 96720 (808)961-8083 •Fax(808)961-8086 http://co.hawaii.hi.us/directory/dir envmng.htm MEMORANDUM Date : September 20,2012 To : BJ LEITHEAD TODD,Planning Director From: DORA BECK,P.E.,Acting Director a Subject: Change of Zone Application(REZ 12-000158) Applicant: Dien-Jung Lin Request: RS-10 to ML-20 TMK:2-2-035:045 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.) (X) 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 1iCANNED Exhibit �' '� �a 7 County of Flawai`i is an Equal Opportunity Provider and Employer. • William P.Kenoi (+ ft∎ :* Dora Beck,P.E. Mayor =_-err Acting Director William T.Takaba L L'7 •N*�� Managing 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 : September 20,2012 To : BJ LEITHEAD TODD,Planning Director From: DORA BECK,P.E.,Acting Director 21 Subject: Change of Zone Application(REZ 12-000158) Applicant: Dien-Jung Lin Request: RS-10 to ML-20 TMK: 2-2-035:045 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): DEPARTMENT COMMENTS: WASTEWATER COMMENTS: (Contact Wastewater Division for details.) ( ) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai'i County Code. ( )Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code.Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawai'i County Code. ( ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management("Director of DEM"), [ ]applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require,which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. (X ) Other: The property is located within the Critical Wastewater Disposal Area(CWDA)as established under HAR 11-62 and is located a little over 300 feet from the sewer main installed on Hualani St. Requiring connection to the County sewer as a condition of rezoning is recommended. 081173 County of1-lawai`i is an Equal Opportunity Provider and Employer. ,,*TM ti l ? l 1 O tis ',:"ENT ` :i t OF t NEILABERCR(MIBIE �� y� f01'FNM1ON OF HAWAII b "f WILLIAM J.MI.A.JR. `' 11(°`0.:.;,�` &`.�.'ML i 1 1411011 3AtdihAil'HA1 Ni'IK@IIIS j ) 410001/11 I AMR III VA MI I MANANIMINI I STATE;HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES -1‘"---'------ - LAND DIVISION POST Ot FICG BOX 621 3/4/0011400 HOWL 1.11 Li,HAWAII 95809 October 8,2012 County of Hawaii Planning Department Attention: Mr. Jeff Darrow via email: jdarrow aco.hawaii_hi.us 101 Pauahi Street,Suite 3 Hilo,Hawaii 96720 Dear Mr. Darrow: SUBJECT: Change of Zone Application(REZ 12-000158), Dien-Jung Lin, Applicant, Waiakea,South Hilo, Hawaii;TMK: (3)2-2-035:045 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 Hawaii District Land Office, (2) the Commission on Water Resource Management on the subject matter. Should you have any questions,please feel free to call Kevin Moore at 587-0426. Thank you. Sincerely, -- -'4 Russell Y.Tsuji Land Administrator Enclosure(s) annin Dept. ! SC.',A„NNED , , ..,, ,,Ily, Exhibit 7 x 0 is> to O 4 NEILABERCROMBIB 4p 1 1 OOVFRIJOR OF HAWAII ' r f WILLIAM J.AILA,JR. i'.E1 i fiT t 7: 22 (,}AlA►Ba i A n�T 1 {{° u"""'u.."34° • Ia w�o(IRers I � 11 }1 °■`°� �� ('/UWESIOH(Ri WATl11 llFSUllRt7 MAHAQOJ}3tt cimOd and 44,,, ntZ 6",4"'"11- 67' 2012 OCT --3 , (3 t;: SATE OF HAWAII 05 DEPARTMENT OF LAND AND NATURAL RESOURCES R F C E 11v E iJ DEPT. OF LAND & LAND DIVISION LAND D:VISION NATURAL R S RCE OSTOFFICEBOx621 HILO. HAWAII Stete of Milli' S TA TI < F UA WAi1'IONOUILU,HAWAit 96809 September 24,2012 MEMORANDUM TO: DLNR Agencies: _Div. of Aquatic Resources _Div. of Boating&Ocean Recreation X Engineering Division Div. of Forestry&Wildlife Div.of State Parks XCommission on Water Resource Management Office of Conservation&Coastal Lands Xd Division.. =Hawaii District X Historic Preservation FROM: R ell Y.Tsuji,Land Administrator SUBJECT: hange of Zone Application(REZ 12-000158) LOCATION: Waiakea,South Hilo, Hawaii TMK: (3)2-2-035:045 APPLICANT: Dien-Jung Lin Transmitted for your review and comment on the above referenced document. We would appreciate your comments on this document. Please submit any comments 61=O6-4bi44012;;a 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. ( ) Comments are attached. Signed: . ._. Print Name: ',eV/ Date: cc: Central Files 081460 0 0 3ixtt #c ',.IE T 1 1 it ,, 11 NL+ILADERCROMSIL� .., 1 6 1 gOVMPNOp OF HAWAII Ar e 0 !.,'r WILLIAM J.AILA.JR T2[L .at 1 fii [" J4 `J ..o ('1(AW6R141 "".� U ,i l �" I Y C_ p�SSIONONlmArmruOINOT SamrrB V 1 li ; fj e^ ('U�UORCI(H!(M WMPA WSOIIp(Y ANNAU4M137( Zl3Z OCT -3 A ! 11 r „,; STATE OF HAWAII M► °: DEPARTMENT OF LAND AND NATUpAL RESOURCES II LAND DIVISION �T. a,F E, o & POST OFFICE SOX r 1�,t h 1 �3 U c slate of IA HONOLULU,HAWAII 96S09'• - G' �� September 24,2012 tidefe...v./.. • MEMORANDUM DLNR Agencies: ,..._Div. of Aquatic Resources Div. of Boating&Ocean Recreation = } X Engineering Division Div. of Forestry&Wildlife Div.of State Parks 4411 i t s t ri4Water R source iVianagenfent _Office of Conservation&Coastal Lands X Land Division--Hawaii District X Historic Preservation co 7 t OM: R ell Y.Tsuji,Land Administrator SUBJECT: hange of Zone Application(REZ 12-000158) LOCATION: Waiakea,South Hilo,Hawaii TMK: (3)2-2-035:045 APPLICANT: Dien-Jung Lin Transmitted for your review and comment on the above referenced document. We would appreciate your comments on this document. Please submit any comments by October 4,2012. 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. ( ) Comments are attached. Signed: tr --4 Print Name: Inv ?..py e-6y Date: !vh,a y- cc: Central Files 081460 NEIL ABERCROMBIE LORETTAJ.FUDDY,A.C.S.W.,M.P.H. Director of Health GOV.ERNOc 9a • ,r r i f (7' 7 5 1 STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: September 19, 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 12-000158) Applicant: Dien-Jung Lin Request: RS-10 to ML-20 Tax Map Key: 2-2-035:045 Wastewater Branch is unable to make comments to the proposed project at this time. Before we can offer any comments, the applicant needs to address the following: The amount of wastewater to be generated by the project. The location of all existing wastewater systems. Number of people served by the system. The Department of Health does not have any objections to the proposed change in land uses. However, existing or planned land use activities adjacent to the proposed residential area should be compatible with a residential neighborhood. We recommend that you review all of the Standard Comments on our website: http://hawaii.gov/health/environmental/env-planning/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers,planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. WORD:REZ 12-000158.rny Planning Dept. ;, J 71117 Exhibit O irn . .e NEIL ABERCROMBIE GLENN M.OKIMOTO P/£`9 Se wh- '' DIRECTOR g 047 > f • gis fi , .g Deputy Directors r JADE T.BUTAY ^7 FORD N.FUCHIGAMI 7:12 7. I� E $:t 1 2` 9 RANDY GRUNE JADINE URASAKI STATE OF HAWAII IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET STP 8.1002 HONOLULU, HAWAII 96813-5097 October 9, 2012 Ms. BJ Leithead Todd Planning Director County of Hawaii Planning Department East Hawaii Office 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Ms. Leithead Todd: Subject: Dien-Jung Lin Change of Zone Application (REZ 12-000158) TMK: (3) 2-2-035:045 Thank you for requesting the State Department of Transportation's (DOT)review of the subject project. The DOT understands the applicant proposes to convert an existing single family dwelling to office space for a tour operation. Access to the property is restricted to right turn in and right turn out onto Kanoelehua Avenue. The DOT Highways Division is still conducting its review and has not yet provided comments. The Statewide Transportation Planning(STP) Office will inform you of any further DOT comments once received. The DOT appreciates the opportunity to provide comments. If there are any questions, including the need to meet with DOT staff,please contact Mr. Garrett Smith of the STP Office at telephone number(808) 831-7976. Very truly yours, '\ GLENN M. OKIMOTO, Ph.D. Director of Transportation SCANNED Planning Dept. 1t Exhibit '•�. RDienJungLinREZ.doc-10/22/12 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION DIEN-JUNG LIN CHANGE OF ZONE APPLICATION(REZ 12-158) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. This recommendation does not, however, sanction the specific plans submitted with the application as they may be subject to change given the specific code and regulatory requirements of the affected agencies. Since this recommendation is made without the benefit of public testimony,the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. The favorable recommendation is based on the following findings: The applicant requests a change of zone from RS-10 to ML-20 to allow the establishment of an office and parking for a tour operation. The existing dwelling on the site will be converted into the proposed office. Parking for the mini buses,vans and employee parking will be provided on-site. Clients will not drive to the project site; instead,they will be picked up from the airport, cruise ship, and hotels. In order to consider an area for any type of zoning designation,the applicable goals,policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from a Single-Family Residential(RS-10)to a Limited Industrial(ML-20)zoned district will conform to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion,to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals,policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the goals,policies and standards of the General Plan in that the proposed development will be developed in an area adequately served by necessary services such as water, utilities, sewers and transportation systems. The proposed project also conforms to the Land Use - Industrial sub-element which states that "Industrial development shall be located in areas adequately served by transportation, utilities and other amenities." The Land Use Pattern Allocation Guide (LUPAG) map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The project area is designated Industrial on the LUPAG map. This industrial designation includes uses such as manufacturing and processing,wholesaling, large storage and transportation facilities and light industrial uses. The ML zoning would be consistent with the Industrial designation on the LUPAG map for this area of Hilo. The State Land Use designation for the subject property is Urban. The Hilo Community Development Plan(CDP), adopted in 1975, suggests the retention of residential uses in this area. However,this area is transitioning to commercial and light industrial uses. The advantage of this area is its location in close proximity to water, air transportation terminals, harbor facilities and the residential population of Hilo. The proposed change of zone would complement the existing industrial and commercial land uses that already exist in this area and will provide for an orderly development of the area. -2- The property is a relatively level 21,050-square foot parcel. There is an approximately 50-year old single-family dwelling on the property. The remaining portion of the parcel is not improved. The land uses in the immediate area are a mix of commercial, industrial and some residential uses. Hilo International Airport is zoned ML-20 and located east of the property. Commercial and/or industrial uses nearby include warehousing, aviation related uses, and office buildings. Immediately adjacent properties are zoned ML-20 to the north(Isemoto Contracting base yard), MCX-20 to the south, and RS-10 to the west on Kalanikoa Street. The recently constructed Oceanic Time Warner building, Sherwin- Williams store, Tracy Lewis building and the Aloha Petroleum gas station are located to the south of the project site. All utilities and services are available to the site. Access to the project site is proposed from Kanoelehua Avenue,under the jurisdiction of the State Department of Transportation. Kanoelehua Avenue is a six-lane divided roadway at this section of the highway. Along this section of Kanoelehua Avenue,the right-of-way is 120 feet with 30- foot wide pavements within each travelway. There are curb, gutter and sidewalk improvements along the west side of Kanoelehua Avenue, including the subject property. No on-street parking is allowed. Because of the divided highway and a median between both travelways, access to the property will be restricted to right-turn in and right-turn out onto Kanoelehua Avenue. County water is available to the site. The applicant will comply with requirements of the County Department of Environmental Management or State Department of Health. Solid waste will be handled by commercial haulers. If required, a Solid Waste Management Plan will be prepared. Electricity and telephone services are available to the site. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X", 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. By letter dated August 27, 2012,the applicant requested a "no -3- effect" letter from the DLNR-HPD. No professional flora or fauna surveys were conducted, as the property has been improved with a single-family dwelling. The applicant does not believe that rare or endangered floral or faunal resources are on the site. The subject 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 less than one mile from the shoreline but will not be impacted by coastal hazard and beach erosion. There are no public accesses to the shoreline or mountain areas that traverse the property. 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. Based on the above findings,approval of this change of zone request from Single-Family Residential(RS-10) to a Limited Industrial (ML-20)zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. This favorable recommendation is made with the understanding that the applicant comply with all other applicable governmental requirements in connection with the approved use,prior to its commencement or establishment upon the subject property. 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- ..tPJ'►L:r os ........ COUNTY OF HAWAII STATE OF HAWAII �>E Gi•M�,i� BILL NO. ORDINANCE NO. ::< s ' } AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO LIMITED INDUSTRIAL—20,000 SQUARE FEET(ML-20)AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-035:045. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: 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 Limited Industrial—20,000 square feet(ML-20): Beginning at the southeast corner of this lot, the northeast corner of Lot 12,Block 16 of the Waiakea House Lots, 1st Series, and on the new west side of Kanoelehua Avenue, the coordinates of said point of beginning referred to Government Survey Triangulation Station"Halai"being 623.00 feet south and 11,062.50 feet east, as shown on Government Survey Registered Map 2566 and running by azimuths measured clockwise for true south: 1. 90° 00' 210.50 feet along Lot 12, Block 16 of the Waiakea House Lots 1st Series (Land Patent Number 11,557 to Nobuo and Miyoko Kimura); 2. 180° 00' 100.00 feet along Lot 9, Block 16 of the Waiakea House Lots 1st Series; 3. 270° 00' 210.50 feet along Lot 8, Block 16 of the Waiakea House Lots, 1st Series (Land Patent Grant Number 11,529 to Toshikisa Isemoto); -1- 4. 360° 00' 100.00 feet along the new west side of Kanoelehua Avenue to the point of beginning and containing an area of 21,050 square feet, more or less. All as shown on the map attached hereto,marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -2- 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: -3- CDienJungLinREZ.doc-10/22/12 DIEN-JUNG LIN CHANGE OF ZONE APPLICATION(REZ 12-158) CONDITIONS OF APPROVAL A. The applicant, its successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within one-hundred eighty(180)days from the effective date of this ordinance. C. The applicant shall install a reduced pressure type backflow prevention assembly by a licensed contractor,within five(5) feet of the meter on private property. The installation shall be inspected and approved by the Department of Water Supply. D. Plans for conversion of the single-family dwelling shall be submitted for Plan Approval from the Planning Director within five (5)years from the effective date of this ordinance. Plans shall identify fire protection measures, driveway and parking stalls. The applicant shall provide landscaping 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 subject property from Kanoelehua Avenue shall meet with the requirements of the Department of Transportation. F. The height of any structure or vegetation within the property shall conform to the requirements of the State Department of Transportation, Airports Division, including the granting of appropriate avigation and noise easements to the State Airports Division. G. The method of sewage disposal shall meet with the Department of Health. H. All development generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. I. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawai`i County Code. J. 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. K. 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. L. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. M. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e., a condition to be performed within one year maybe extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. -2- Should any of the conditions not be met or substantially complied with in a timely manner, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -3- T I ML-20 CG-7.5 ML-20 CG-7.5 ML-20 ML-20 OF'EN CG-7.5 ML-20 ML-20 ML-20 SINGLE FAMILY RESIDENTIAL•10,0001SQFT(RS-10) TO UNITED INDUSTRIAL•20,000 SQIFT(ML•20) C0-7.5 21,050 SQUARE FEET TOTAL M L-20 M L-20 � 1 v_ I w A F- u) a ¢ o , ML-20 v 8510 2 72910 = z J J Q W W O O I � 623.010 S 11,062.50'E ML-20 R5 10 "HALAT MCX-20 I c9 0 ML-10 I QP MCX-20 MCX-20 0 ML-10 MCX-10 R5-10 R5-110 ML-10 N NIP HUALANIST HUALANIST ML 20 125-10 R5 10 ML 10 \ / 111 Feet 0 100 200 400 600 800 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 SOFT (RS-10) TO LIMITED INDUSTRIAL - 20,000 SQFT (ML-20), AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK:(3)2-2-035:045 DATE:SEP 12,2012 EXHIBIT"A" Dien-Jung Lin Mao 1328 .• I \AC\ NEIL ABERCROMBIE .��, GLENN M.OKIMOT� GOVERNOR y ';*959 , DIRECTOR i y� ��� Deputy Directors r• 1 t . � ?c.. FORD JADE FUCHIGA• MI �`•„ ! FR N.FUCHIGAMI RANDY GRUNE JADINE URASAKI STATE OF HAWAII IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET STP 8.1020 HONOLULU, HAWAII 96813-5097 October 30, 2012 Ms. BJ Leithead Todd Planning Director County of Hawaii Planning Department East Hawaii Office 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Ms. Leithead Todd: Subject: Dien-Jung Lin Change of Zone Application(REZ 12-000158) TMK: (3) 2-2-035:045 The State Department of Transportation (DOT)previously commented on the change of zone for the subject project in its letter STP 8.1002 dated October 9, 2012 (attached) and now offers the following supplemental highways comments: 1. The lot borders on and has access to Kanoelehua Avenue. A median restricts access to right-turn in and out. 2. The driveway will need to be upgraded to commercial standards consistent with Standards for Access Driveways into State Highways (February 1, 1975 or latest version). 3. The gate to the parcel must be located such that the largest vehicle likely to seek entry at a closed gate will be completely within the property and off the highway right-of-way (clear of the travel lane, shoulder, and sidewalk)before having to stop and open the gate. 4. Vehicle operations, such as vehicle movement,parking, and storage, on the parcel shall be conducted such that there is no backing up or queuing onto Kanoelehua Avenue. 5. Plans for work within the State Highway right-of-way must be submitted for review and approval to the Highways Division, Hawaii District Engineer. 6. Traffic issues and complaints at this parcel and its driveway that result from the proposed tour operation shall be remedied by the tour operation andlor landowner to the satisfaction of the Hawaii District Engineer at no cost to the State. 1 9 26 . E Ms. BJ Leithead Todd STP 8.1020 October 30, 2012 Page 2 DOT appreciates the opportunity to provide comments. If there are any questions, including the need to meet with DOT staff, please contact Mr. Garrett Smith of the DOT Statewide Transportation Planning Office at telephone number(808) 831-7976. Very truly yours, GLENN M. OKIMOTO, Ph.D. Director of Transportation Attachment: Ltr. STP 8.1002 Dtd. October 9, 2012 NEIL ABERCROMBIE ` • GLENN M.OKIMOTO GOVERNOR cP';1a sa'�q DIRECTOR Deputy Directors 0, JADE T BUTAY FORD N FUCHIGAMI RANDY GRUNE s�tu•u: JADINE URASAKI STATE OF HAWAII IN REPLY REFER TO DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET STP 8.1002 HONOLULU, HAWAII 96813-5097 October 9, 2012 Ms. BJ Leithead Todd Planning Director County of Hawaii Planning Department East Hawaii Office 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Ms. Leithead Todd: Subject: Dien-Jung Lin Change of Zone Application(REZ 12-000158) TMK: (3)2-2-035:045 Thank you for requesting the State Department of Transportation's (DOT)review of the subject project. The DOT understands the applicant proposes to convert an existing single family dwelling to office space for a tour operation. Access to the property is restricted to right turn in and right turn out onto Kanoelehua Avenue. The DOT Highways Division is still conducting its review and has not yet provided comments. The Statewide Transportation Planning (STP) Office will inform you of any further DOT comments once received. The DOT appreciates the opportunity to provide comments. If there are any questions, including the need to meet with DOT staff,please contact Mr. Garrett Smith of the STP Office at telephone number(808) 831-7976. Very truly yours, GLENN M. OKIMOTO, Ph.D. Director of Transportation et' z =xP 0 Imm 4;' 11.011110 , MINN Y^. ' V 0. W Z O N , ENNI) N IL W ammo >@ ;+:Y.:1Y ,". s zm ,,, t ;�ttd,;; ./'x<.� .t' 4„+4�a�„;e1P.,t", Pw`Sw''"., :dli.';id x ” •F`::: b, , si c., IF . ac v'. -'7 IIIL '''",' '. 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