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HomeMy WebLinkAboutCOM 0605.000 2012-2014 77,4? „ ', Walter K.M.Lau r Managing Director •William P.Kenoi Mayor _J--vre _ =_ Randall M.Kurohara ?'4 +°. _' Deputy Managing Director • County of Hawaii Office of the Mayor 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)323-4440 January 3, 2014 .) J Yoshimoto, Council Chair R and Members of the County Council _.- County of Hawai`i t •----i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Members: v — /Change of Zone Application(REZ 13-000169) Applicant: Sherry Jordan Request: RS-10 to CN-10 Tax Map Key: 2-2-036:053 Change of Zone(REZ 981, Docket No. 01-000019) Applicant: Sandra Kaneshiro Request: Five-Year Time Extension to Comply With Condition B (Secure Final Plan Approval-Complete Construction) of Change of Zone Ordinance No. 02-49 Tax Map Key: 2-2-022:005 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letters and enclosures regarding the above-referenced requests. Sinc- el • William P. Kenoi Mayor Enclosures cc: Planning Department (,, < (}, Comm. No. ` ) o c v� II (� J r� Ref.To: �G Ref. Date JAN 1) 7 2111d County of Hawaii is an Equal Opportunity Provider and Employer. M<Y OFk : : i *OF MF'-�-``I , County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 JAN 0 3 2014 J Yoshimoto, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: Change of Zone Application(REZ 13-000169) Applicant: Sherry Jordan Request: RS-10 to CN-10 Tax Map Key: 2-2-036:053 The Windward Planning Commission, at its duly held public hearing on December 5, 2013, 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 a Neighborhood Commercial— 10,000 square feet(CN-10) zoning district for approximately 11,771 square feet of land located along the east side of Laukapu Street roughly mid-block between Kekuanao`a and Leilani Streets in the Waiakea Houselots Subdivision, Waiakea, South Hilo, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicants request a change of zone from Single-Family Residential 10,000 square feet(RS-10) to Neighborhood Commercial 10,000 square feet(CN-10) to renovate an existing single-family dwelling to relocate a real estate business to the site. Parking will be provided on-site. The applicant operates a real estate and property management firm in Hilo and purchased the subject property to establish her operation to improve customer service in a commercial/residential setting. The applicant intends to commence construction upon securing all necessary permits. Hawai`i County is an Equal Opportunity Provider and Employer The Honorable J Yoshimoto, 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 RS-10 to CN-10 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. 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 and transportation systems. The proposed project conforms to the Commercial Development goal which states "provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods." 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 Medium Density Urban on the LUPAG Map. This designation allows village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential—up to 35 units per acre). The requested zoning would be consistent with the urban designation on the LUPAG Map for this area of Hilo. The requested zoning is also consistent with the following goals, policies, and actions of the General Plan: LAND USE—GENERAL • Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 3 • 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. LAND USE—COMMERCIAL • Provide for commercial developments that maximize convenience to users. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. • Commercial facilities shall be developed in areas adequately served by necessary services such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. The State Land Use designation for the subject property is Urban. The property is designated Urban by the Land Study Bureau's Productivity Rating. The Hilo Community Development Plan(CDP), adopted in 1975, suggests residential uses in this area. However, this area is transitioning to higher density commercial type uses. The proposed change of zone would complement the existing commercial land uses that already exist in this area and will provide for an orderly development of the area. The property is a vacant, approximately 11,771 square foot parcel located on Laukapu Street. The property was formerly used as a single-family residence, and the applicant proposes to renovate the dwelling to relocate her real estate business to the site. The land uses in the area are a mix of residential and commercial uses. Big Island Candies is located on Hinano Street northwest of the site. Properties within 500 feet of the property along Laukapu Street to the north have been rezoned into the MCX-20 district for a proposed restaurant, retail shop, and a veterinary clinic. Immediately adjacent properties to the north and south are zoned RS-10 and improved with residences. Rezonings in the area from RS-10 to Neighborhood Commercial include: • TMK: 2-2-34: 85 and 93 (Ordinance No. 00 031) • TMK: 2-2-34: 12 (Ordinance No. 06 107) • TMK: 2-2-34: 13 (Ordinance No. 06 124) • TMK: 2-2-34: 84 (Ordinance No. 08 006) • TMK: 2-2-36: 25 and 26 (Ordinance No. 08 20) • TMK: 2-2-34: 88 (Ordinance No. 09 45) • TMK: 2-2-34: 82 (Ordinance No. 10 76) The Honorable J Yoshimoto, Chairman and Members of the County Council Page 4 All utilities and services are available to the site. The project will connect to the existing County sewer system. Solid waste will be disposed of by commercial handlers. Access to the project site is proposed from Laupaku Street, designated as a collector with a right-of-way of 40 feet and an existing future road widening of five (5) feet. The Department of Public Works has recommended that the applicant provide improvements to the property's entire Laukapu Street frontage consisting of,but not limited to,pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation. The DPW states that the improvements shall be located in the future road widening setback. The applicant has agreed to this requirement; however, requests that since the proposed use will be contained within an existing dwelling, the required improvements be installed when and if a new structure is constructed on the site. Given the limited nature of the proposed use, we can understand the burden of providing these improvements. However, the requested change of zone, if approved, will accommodate a range of commercial uses that must be supported by adequate public facilities. In select circumstances, especially when considering the smaller scope of the proposed use, it is reasonable to defer the installation of these roadside improvements to allow the applicant to accommodate the financial burden. As such, the Planning Director supports its deferral for a period of five (5)years from the effective date of this change of zone, should it be approved, at which time all roadside improvements shall be provided. In a memo dated October 16, 2013, the Fire Department requested assurance that fire access is within 150 feet of all parts of any building on the property. In a letter dated November 8, 2013, the applicant agrees to comply with the Department of Water Supply's comments relative to fire protection, prior to issuance of a building permit. As the applicant proposes to renovate the existing structure, all required building permits shall be secured prior to the start of any construction. 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", area 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. No professional surveys were conducted of the site due to the history of extensive disturbance. By letter dated September 23, 2013, the applicant has requested a letter of "no effect" from the Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD). No professional flora or fauna surveys were conducted of the site. The applicant does not believe that rare or endangered floral or faunal resources are on the site as the property is improved and located within an urban environment close to existing commercial uses. The Honorable J Yoshimoto, Chairman and Members of the County Council Page 5 The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The project site is not proximate to the shoreline and outside of the SMA. There is no record of a designated public access to the shoreline or mountain areas that traverses the site. According to the applicant, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. Based on the above, the approval of the change of zone request from a Single-Family Residential (RS-10) to a Neighborhood Commercial(CN-10) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to Section 25-8-33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawai`i County Code, is transmitted. We are enclosing copies of the staff Background, Planning Director's Recommendation, and the Powerpoint presentation for your information. Sincerely, Wallace A. Ishibashi, Jr., Chairman Windward Planning Commission Enclosures cc: Mr. Sidney Fuke Ms. Sherry Jordan Department of Public Works Department of Water Supply William Brilhante, Esq., Corporation Counsel BJordanREZ.doc-11/13/13 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT SHERRY JORDAN CHANGE OF ZONE APPLICATION (REZ 13-000169) SHERRY JORDAN has submitted an application for a Change of Zone from Single- Family Residential 10,000 square feet(RS-10)to Neighborhood Commercial 10,000 square feet (CN-10)for approximately 11,771 square feet of land. The property is located on the east side of Laukapu Street, approximately 300 feet south of the intersection of Kekuanaoa Street and Laupaku Street, Waiakea House Lots, Waiakea, South Hilo, Hawai`i, TMK: 2-2-36: 053. PROPOSED DEVELOPMENT 1. Request/Project Description: Change of Zone from RS-10 to CN-10 to renovate an existing single-family dwelling to relocate a real estate business to the site. Parking will be provided on-site. The applicant operates a real estate and property management firm in Hilo and purchased the subject property in a commercial/residential setting to establish . her operation to improve customer service. (Planning Department Exhibit 1 -Change of Zone application) 2. Timetable/Cost: The applicant intends to secure the required construction permits and begin the renovation upon securing all development permits. The estimated cost of the renovation is $100,000. 3. Number of employees: There will be two other employees besides the applicant. 4. Landowners: Jody Leigh Jordan and Sherry Lynn Jordan. OTHER INFORMATION 5. Proposed CN zoning: • Height limit-40 feet. • Setback- front, 15 feet; side yards, 8 feet. • Landscaping-required on all front yards; side yard requires a screening hedge not less than forty-two inches in height, within five feet of the property line,except for necessary drives and walkways. -1- Attachment to: Comm. 605 Bill 183 • Plan approval required. STATE AND COUNTY PLANS 6. State Land Use Designation: Urban. 7. General Plan LUPAG Map: Medium Density Urban. 8. County Zoning: RS-10. 9. Hilo Community Development Plan: The Hilo Community Development Plan adopted by Resolution No. 1 on May 21, 1975 designates this area as RM-4. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 10. Subject Property: The property is a 11,771 square foot parcel and improved with an approximately 80-year old vacant single-family dwelling. There is a flag lot to the rear (east)of the property. 11. Surrounding Zoning and Land Uses: The land uses in the area are a mix of residential and commercial uses. Big Island Candies is located north of Kekuanaoa Street,northwest of the site. Properties within 500 feet of along Laukapu Street to the north have been rezoned into the MCX-20 district for a proposed restaurant/retail shop, and a veterinary clinic. Immediately adjacent properties to the north and south are zoned RS-10 and improved with residences. Rezonings in the area from RS-10 to Neighborhood Commercial include: • TMK: 2-2-34: 85 and 93 (Ordinance No. 00 031) • TMK: 2-2-34: 12 (Ordinance No. 06 107) • TMK: 2-2-34: 13 (Ordinance No. 06 124) • TMK: 2-2-34: 84 (Ordinance No. 08 006) • TMK: 2-2-36: 25 and 26 (Ordinance No. 08 20) • TMK: 2-2-34: 88 (Ordinance No. 09 45) • TMK: 2-2-34: 82 (Ordinance No. 10 76) 12. 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. 13. Land Study Bureau's Productivity Rating: Unclassified. -2- 14. Noise Impacts: Existing ambient noise includes airport/aviation use and vehicular traffic. 15. Air Quality: The proposed use will not directly impact air quality in the area. 16. FIRM: Zone "X",an area outside of the 500-year flood plain. 17. Coastal Hazards: The property is not an oceanfront parcel, and will not affect, or be affected by shoreline processes. 18. * Recreational Resources: The proposed development will not reduce the size of the coastline or other areas used for public recreational uses. 19. Scenic Resources: The project will not affect the line-of-sight towards the ocean or the mountains. 20. Flora/Fauna: As the project site was previously improved with a dwelling and located within an urban environment close to commercial,industrial and residential uses,no professional surveys were conducted. The applicant believes that there are no rare or endangered floral or faunal resources within or proximate to the project site. 21. Archaeological/Historical Resources: No professional surveys were conducted of the site,due to the history of extensive disturbance. By letter dated September 23, 2013,the applicant has requested a letter of"no effect"from the DLNR-HPD. 22. 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. 23. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 24. Access: Access to the project site is from Laukapu Street, designated as a collector with a right-of-way of 40 feet and an existing future road widening of five (5) feet. The Department of Public Works has recommended that the applicant provide improvements to the property's entire Laukapu Street frontage consisting of,but not.limited to, pavement widening with concrete curb, gutter and sidewalk,drainage improvements, and any required utility relocation. The DPW states that the improvements shall be located in -3- the future road widening setback. The applicant has agreed to this requirement; however, requests that since the proposed use will be contained within an existing dwelling, the required improvements be installed when and if a new structure is constructed on the site. 25. Water: County water is available to the site. 26. Wastewater: The project area is serviced by a County sewer system. 27. Solid Waste: Solid waste will be handled by commercial haulers. 28. Essential Utilities and Services: Electricity and telephone services are available to the project site. County fire stations,police and emergency medical services are available to the area. AGENCIES' AND ORGANIZATIONS' COMMENTS 29. Department of Public Works: P.D. Exhibit 2 -October 24,2013 and October 30, 2013 memos 30. Department of Water Supply: P.D. Exhibit 3 -October 28,2013 memo 31. Police Department: P.D. Exhibit 4 -October 22, 2013 memo 32. Fire Department: P.D. Exhibit 5-October 16,2013 memo 33. Department of Environmental Management: P.D.Exhibit 6-October 14,2013 memo 34. Department of Health: P.D. Exhibit 7- October 29,2013 memo 35. DLNR Land Division: P.D. Exhibit 8-November 5,2013 letter and attachments AGENCIES-NO RESPONSES 36. DLNR Historic Preservation Division APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 37. P.D. Exhibit 10 -November 8,2013 letter PUBLIC COMMENTS 38. None as of this writing. -4- APPLICATION FOR COUNTY REZONING (RS-10 to CN-10) SHERRY JORDAN Waiakea Houselots, South Hilo, Hawaii. TMK: (3) 2-2-036: 053 Prepared For: Sherry Jordan Prepared By: Sidney M. Fuke, Planning Consultant September 2013 Planning Dept. Exhibit CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Sherry Jordan APPLICANT'S SIGNATURE: DATE: ADDRESS: 76-A Kea'a Street Hilo,Hawaii 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: it'J" PHONE:(Bus.) 969-3940 (Res.) (Fax) 969-3922 LANDOWNER(S): Sherry and Jody /,d w7 LANDOWNER SIGNATURE (S): 1,1„„ , DATE: C 331 1'; (May by letter) i LANDOWNER(S)ADDRESS: 76- 'ea'a Street, Hilo,HI 96720 REQUEST: RS-10 TO CN-10 (Existing zoning) (Proposed Zoning) TAX MAP KEY: 2-2-036: 053 STREET ADDRESS OF PROPERTY: 649 Laukapu Street, Hilo, Hawaii SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 11,771 sq. ft. AGENT: Sidney Fuke,Planning Consultant ADDRESS: 100 Pauahi Street, Suite 212 Hilo, Hawaii 96720 TELEPHONE:(Bus.) 969-1522 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. .ORIGINAL: Sidney Fuke 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 la- d to someone who has firm plans? No b. Sell or lease the land to someone who has tentative plans? No c. Sell or lease the :Id to someone who has no plans? No d. Keep it? Yes e. other (please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc. ) ; financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. Relocate areal estate and property management office to the site 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? Yes If so, please elaborate on your findings in the space provided below. Please refer to attached planning and environmental report 6. Are there any buildings on the subject area? Yes If so, what kind? An 80+/--year old vacant single-family dwelling. What do you intend to do with those buildings if your request is approved? Renovate it into an office. 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 X c . Sewer X d. Drainage X e. Police Protection X f. Fire Protection X X g. Recreational Facilities X 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. !1d No. The property has been used as a dwelling site for over 80 years. Signature: / Address: 76-A Kea'a S' Hilo,HI 96720 Telephone: 969-3940 Date: Il l5 -5- 6338A/50A P. D. 5/84 COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST - RS-10 to CN-10 SHERRY JORDAN WAIAKEA HOUSE LOTS, SOUTH HILO, HAWAII TAX MAP KEY: (3) 2-2-036: 053 I. INTRODUCTION The applicant, Sherry Jordan, wishes to rezone the subject site consisting of 11,771 square feet from Single-Family Residential (RS-10) to Commercial- Neighborhood(CN-10) in the City of Hilo, Hawaii. The subject site is located on the east or"Airport" side of Laukapu Street, approximately 300 feet south or "Puna" side of Kekuanaoa Street in Waiakea House Lots, Waiakea, South Hilo, Hawai'i, TMK: (3) 2-2-036: 053. Its street address is 649 Laukapu Street. If successful, the applicant plans to renovate an existing single-family dwelling on the subject site and relocate her real estate practice (Jordan Property Management & Sales) located at 76-A Kea'a Street. II. PROJECT LOCATION - As noted earlier, the subject site consists of 11,771 square feet and is identified by TMK: 2-2-036: 053. The site is located on the east side of Laukapu Street, approximately 300 feet south of Kekuanaoa Street. The back side of Big Island Candies, fronting Laukapu Street, is located approximately 500 feet and north of the subject property. (Figures 1 and 2) The subject parcel is rectangular-shaped parcel with a depth of 184 feet and a width of 78 feet. There is a flag lot to its rear or east side. (Figure 3) III. PROJECT DESCRIPTION The applicant operates a real estate and property management firm at 76-A Kea'a Street in the City of Hilo. Due to her desire to improve customer service and operate on her own property, the applicant searched for another site to relocate her office. In addition to General Plan considerations, the proposed site was selected because of the applicant's goal of operating within a commercial/residential setting. Further, the existing residential structure would not only minimize construction cost but was of sufficient size to accommodate the applicant's plan. The existing single-story dwelling consists of approximately 1,360+ square feet. The required five (5) off-street parking would be provided on site. - 1 - .?....7.:. . ......:.:,.:.:7..;-.5:-/� r .. ',a. qty 1 y S�� J4.' ''' � ° r ri � Y Aq5 ;2,- ''.-... , ' --(vaett,01,4* 4- ..-:-.-;... :.. ...:.../t .' ,. - ' -.:, .- . . - .'2 .---., . . 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WAIAKEA HOUSE La7S,/s 'Seri �'Att, u�'- IN7? LO757A 4. 7- 3 AT WAtAKEA, UTH KILO nri.work vat prepared�r m.a 1SL.AA/r or HAv 'AJI� /IAWAJI n+,r TAX MA1'K,EY: ,Arty 2-2-'4G-53 OWNF.1t= EI.a�tt:. Yowwo prows,- rvtwaiwrt Ap G= - 4-1-4/es 1< AOLAI.If 5r. f..,.,ar.•...N..4.10.... ir..R WAHIAW A_ Xr_ 'J4►7Z9 FTf'T 112F. 1 The applicant fully intends to comply with all land use and development codes such as Plan Approval, parking requirements, landscaping provisions, fire and ADA requirements. IV. TIMETABLE AND COST The applicant intends to secure the required construction permits and begin the appropriate infrastructure improvements upon securing all development permits. Construction is proposed to commence after obtaining all necessary approvals, with proposed occupancy by mid 2014. The estimated cost of the basic infrastructure and on-site improvements will be in excess of$100,000. This cost would include site preparation, renovation of the structure, and installation of any upgraded and/or required infrastructure. V. INSTITUTIONAL CONSIDERATIONS A. State Land Use The State Land Use designation for the properties is Urban. As such, a land use boundary amendment for the requested CN-10 zoning is not needed. B. County General Plan The County General Plan Land Use Pattern Allocation Guide Map ("LUPAG") designation is Medium Density. The proposed CN-10 zoning is consistent with that designation. It should be noted that along Laukapu Street, the area north of Kekuanaoa Street is designated Industrial on the LUPAG map. C. Hilo Community Development Plan The Hilo CDP was adopted by the Planning Commission in 1975 over 25 years ago and intended to further define the General Plan and provide short and middle range implementation strategies of the General Plan. Since the adoption of the Hilo CDP, there have been significant land developments in the City of Hilo, including the shopping complexes in and around the Puainako/Kanoelehua Intersection, expanded commercial uses near the University complexes and commercial/industrial uses along the southern portion of the Waiakea Houselots area. These developments render many of the CDP land use concepts obsolete. Although the document was reviewed by the County Council, the CDP was never adopted by ordinance. The CDP's Land Use Concept Map identified this area as RS-10, which is inconsistent with the County - 2 - General Plan LUPAG map. The LUPAG map has been amended three times to reflect the current environment of the Waiakea Houselots area and nearby areas. As such, some of the planning assumptions reflected in the 1975 CDP are now obsolete. The GP LUPAG map therefore is a more accurate land use depiction of the affected properties and surrounding lands. The County Charter requires all change of zones to be consistent with the designation in the General Plan. In this case, the GP LUPAG designation is Industrial, and thus, the requested CN-10 zoning would be consistent with the Medium Density designation. D. County Zoning The property is zoned Single Family Residential 10,000 square feet (RS- 10). However, over the past decade, various rezonings in the area to commercial or industrial-commercial mixed uses have been approved. Properties within 500 feet along Laukapu Street have been recently rezoned into the MCX-20 district for a restaurant and retail shop as well as a veterinarian clinic. As such, the surrounding area has been transitioning from single-family residential to commercial and industrial uses. E. Special Management Area Tt, property is not located in the Special Management Area ("SMA"); as such, no SMA Major Permit is required. VI. ENVIRONI4; � 1TAL_ CONSIDERATIONS A. Project s'4e The project site consists of a rectangular-shaped parcel consisting of 11,771 square feet. The re ;s an existing vacant, single-family dwelling on the subject site which 's 'roposed to be converted into an office. B. Surrounding Properties Located within a 1/2 mile re, iius from the project site are various zoning designations including Ge,le ral Commercial (CG), Single-Family Residential (RS), Neighborh:,od Commercial (CN), Limited Industrial (ML) and Industrial-Commercial M'xed (MCX). (See Figure 1) Big Island Candies zoned General Corr. nercial (CG-20) is located on the west side of northern side of Laupaku )l reet. Two properties 'e,s than 500 feet away to the north were recent' ( rezoned MCX-20. A potato chip factory, quilt shop, various office uses, .condominiums, church, offices for the County of Hawaii Department c f Water Supply, and IEG Federal Credit Union are located proximate to '.he site. Further to the nor ih is a self- - 3 - storage facility, and the Best Store, Aloha Petroleum and real estate offices are located on Kekuanaoa Street to the east. The requested zoning is thus consistent with the evolving mix of commercial and industrial land use patterns in the area. C. Climate, Soil and Topography According to the State Commission on Water Resource Management, the closest rain gauge in this area is the Hilo Airport. The annual median rainfall for this area is approximately 131 inches. The average daily temperature ranges from a minimum of 61 degrees to 79 degrees Fahrenheit. Wind patterns are generally easterly during the day and westerly during the evenings. The property is located approximately 20 feet above mean sea level, and is fairly level. The Natural Resource Conservation Service's Land Study Bureau Overall Master Productivity Rating designates this site as Keaukaha Series (rKFD), which is extremely rocky muck; well-drained thin organic soils overlying pahoehoe lava rock. The runoff is medium and the erosion hazard is slight. The project site is unclassified under the Agricultural Lands of Importance to the State of Hawaii ("ALISH") classification system. This classification does not recognize this site as being agriculturally important. D. Natural Hazards 1. Drainage The Federal Emergency Management Agency (FEMA) Flood Insurance Rate map (FIRM) identifies the project area as Zone "X" (areas outside of the 500-year flood). There are no existing drainage ways on the site. . 2. Volcanic, Earthquake and Tsunami Hazards According to the United States Geological Survey maps, the project site is located within Lava Flow Hazard Zone 3, on a scale of ascending risks 9 to 1. The entire City of Hilo falls in the Zone 3 category. The Building Code designates the entire island of Hawaii Earthquake Zone 4 and contains certain structural requirements to address the relative seismic hazard. The site is located in the County of Hawaii Civil Defense Agency's Tsunami Evacuation Zone. Nonetheless, the applicant will adhere to any County or State procedures if required to evacuate. - 4 - 3. Flora and Fauna No professional flora or fauna study was conducted of the project site. Due to the developed state Of the project site and its immediate surroundings, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found within or proximate to the site. The project site has been in residential use for more than 80 years. Plant species found on the site and within the surrounding vicinity are introduced landscaping. The long-term residential use and established urban qualities in the project area make it poorly suited as a habitat for any listed or candidate for endangered species. Fauna birds observed within the project site and vicinity include the Japanese White-Eye, Yellow-Billed Cardinal, Zebra Dove, Common Myna, House Sparrow, and House Finch. Domestic mammals such as cats and dogs and other animals such as mongoose and feral cats are common to the area. None of the species are rare or endangered. Due to the surrounding established urban uses, it is highly unlikely that the site would serve as a habitat for rare or endangered animal species. 4. Flood and Coastal Hazards The Federal Emergency Management Agency ("FEMA") designates the project site as Zone "X", areas outside the 500-year flood plain and not shown on Flood Insurance Rate Maps on file with the County Department of Public Works. Although the site is located in Zone "X", the Applicant will adhere to any County and State requirements related to tsunami and coastal evacuations. 5. Noise, Air Qv.Eility and Dust Generally, ail duality is affected by regional and local climates as well as the amount and type of human activity in a given location. No large, statioi eery sources of air pollutants and no major industries are located within the project area. Air quality in the vicinity is mc: t E Icted by emissions from natural and vehicular sources. Existing ambien noise in this area includes wind, foliage and traffic on Laukapu Stre at and Kekuanaoa Street, the latter serving as a major thoroughfa -e in this area. In addition, the project site is located near the I lilo International Airport and is subject to noise associated with ai -traffic. - 5 - Although the project would slightly increase traffic in the area, it is not expected to generate significant levels of air pollutants as only discernible air quality would be associated with traffic to and from the site. The proposed development should not generate any direct air impacts. As the project itself is not expected to generate adverse air pollutants, the only air quality impact would be associated with vehicular traffic to and from the site. While the added traffic will have an impact to the ambient air quality, the impact should not be significant. This is due in part to the higher EPA standards for vehicular air emissions and the prevailing trade winds. There will be short-term noise impacts during the renovation of the building. To mitigate this impact, the renovation will be limited to daylight hours and weekdays. Contractors will be required to comply with established State Department of Health guidelines and standards relating to noise and emission controls. • Given the existing ambient noise and existing urban environment, the proposed request would not have a significant noise impact to surrounding properties. 6. Water and Coastal Resources The project site is located more then one mile from the coastline. Coastal impacts resulting from discharge or drainage systems from the site should not be significant. As a non-coastal property, no coastal access is required or will be affected. The area is currently serviced by the County of Hawaii sewer system and the proposed development will maintain connection to this system. This should further reduce potential adverse groundwater or nearshore water impacts resulting from this project. If needed, prior to the installation or use of any drywells on the site to address on-site drainage concerns, the appropriate UIC permit from the State will be secured 7. Scenic and Visual Consideration In the Natural Beauty element of the General Plan, there are sites or areas listed as scenic resources. The properties are not listed as a scenic site. The property location provides for views of Mauna Kea in the mauka direction. - 6 - 8. Cultural Resources In view of the Hawaii State Supreme Court's "PASH" and Ka Pa'akai 0 Ka'Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices on this site. In this situation, the properties are not adjacent and/or proximate to the shoreline; as such, native gathering rights and coastal access is not an issue. Although the property is fully developed and has been used for residential purposes, the requirements of the Hawaii State Supreme Court's criteria in the Ka Pa'akai 0 Ka'aina case must be addressed. It is not known whether the properties or immediate area was used in the past for the gathering of plants by native Hawaiians. However, as the site has been cleared and improved with a dwelling, it would appear highly unlikely that the site would be used for gathering purposes. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the Applicants intend to respect and honor such claims and provide the needed access to the project site. The project site is not listed on the Federal and State Register of Historic Sites or identified as a historic site in the County of Hawaii General Plan Historical Element. Since the site has been fully developed with a single-family dwelling, there are no observable traditional and customary native Hawaiian practices being exercised on the site. As no valued cultural, historical or natural resources and no traditional and customary native Hawaiian rights were found or are practiced on the site, these rights will not be affected or impaired by the proposed use. There is no feasiblE action to be taken by the Windward Planning Commission other t lan to require that if in the future, any valued cultural, historical, 1- tural resources and/or traditional and customary native t la% '!ian rights are discovered on the project site, the applicant will re port the discovery to the State of Hawaii, Department of Land and Natural Resources, Historic Preservation Division for review. - 7 - 9. Historic and Archaeological Resources Most of the historic sites of South Hilo have been destroyed by agriculture, urban growth, and natural changes in land forms. The properties are not among those listed as historic properties in the Hawaii State Register of Historic Places, have not been determined to be eligible for inclusion in the National Register of Historic Places, and is not profiled as a significant cultural and/or historic site in the General Plan within the South Hilo district. The applicant's consultant will request a letter of no effect from the State Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD). If applicable, the applicant will file a Condition Assessment Report in compliance with Act 228, effective July 8, 2008, which require owners of buildings over fifty years old to submit archival-quality photographs to the DLNR prior to the issuance of a building permit. Although the property is not among those listed as historic properties in the Hawaii Sate Register of Historic Places, if, during the course of improving the site, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicants will immediately notify the Planning Department. E. Infrastructure 1. Road The existing single in/out access will continue from Laukapu Street. Laukapu Street is a County-owned, 2-lane road with a right-of-way of 40 feet. As with other rezoning in this area, the applicant would be willing to provide its share of roadway improvements by foregoing 5 feet of its property fronting Laukapu Street. The applicant understands that as a guide, curb, gutters, and sidewalk fronting a commercial site have been desired. As such, in most instances where those improvements do not exist, as a condition of the zone change, such a requirement has been made. There have been situations, however, where there would only be a change in use of an existing dwelling rather than constructing a brand new building. Under that basis, the requirement for a curb, gutter, and sidewalk was deferred to when a new structure is constructed. The applicant requests that such accommodation be made for this project as well. - 8 - 2. Utilities. Essential utilities such as telephone and electrical services are currently available to the site • 3. Water County water is available to the site. If approved and if necessary, the applicant intends to secure the required water commitment from the Department of Water Supply. However, the applicant believes that the existing 5/8-inch meter yielding a maximum daily use of 600 gallons per day should be sufficient for the clinic. This is particularly so because the projected office use should be equivalent to a residence. 4. Solid Waste Solid waste will be handled by commercial haulers who will dispose the refuse at the County landfill in Hilo. During the construction renovation phase of this project, efforts will be taken to minimize disposal and waste will be discarded at approved disposal sites. 5. Wastewater The project site is serviced by a County sewer system. The applicant intends to maintain connection to this system. 6. Essential Services As this project area is already part of an urban area, services are available in close proximity to the site. Police and fire services are located less than two miles from the site. Hilo Medical Center is located approximately three miles from the project site. ' I As the project is for a commercial use, it should have little or no direct impact to schools, parks and other related facilities. No 'xtension of government services would be required, and existing Facilities should be sufficient to accommodate the demand from this l)rc: ct. F. Envirco imental Assessment and Analysis RELA i:'ONSHIP BETWEEN LOCAL SHORT-TERM USES OF THE ENVIR:.'NMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY - 9 - The short-term use of the subject site would most likely be the same as the current use as an unoccupied dwelling site. The use of the site will transition into commercial use upon approval of this application. This project should not result in any significantly adverse short or long- term impacts that cannot be properly mitigated. There will be direct and indirect economic benefits resulting from the implementation of this project. The project will generate increased tax revenues that can supplement the State and County's fiscal resources. Due to its location, this project will provide a service that can be made reasonably accessible to the immediate neighborhoods and surrounding commercial and industrial areas. The required infrastructure, if necessary, will be implemented by the applicant to mitigate potential impacts of this project. IRREVERSIBLE AND IRRETRIEVABLE COMMITMENT OF RESOURCES The project site has been extensively disturbed. As such, the commitment of natural or other resources such as botanical, avifaunal, and archaeological, would not appear to be significant. MITIGATIVE MEASURES The applicant intends to provide any required off and on-site infrastructure in conjunction with the development of this project. These may include an on-site drainage system, landscaping, road, water, and wastewater improvements, in conjunction with the permitting and permit implementation phases of this project. Off-site traffic-related improvements to Laukapu Street fronting the subject property will be provided, if necessary. Any inadvertent archaeological discoveries during any phase of the project will be reported to the Planning Department, and appropriate mitigation measures will be taken. Appropriate landscaping consistent with the Planning Department's Rule No. 17 will be incorporated on the project site. ALTERNATIVE TO THE PROPOSED PROJECT The property would remain in its present state. Under this scenario, the site would not be utilized to its highest and best use, as envisioned by the General Plan and the commercial and residential growth of the general area. - 10 - An evaluation of the environmental impacts of all reasonable alternative actions, particularly those that might enhance environmental quality, avoid or reduce adverse environmental impacts, costs and risks, was performed to assess options that might enhance environmental quality and cause fewer detrimental effects. NO ACTION ALTERNATIVE • The "no action" alternative will result in no physical change to the property and the land will remain unaltered. The site would remain in its present state. Under this scenario, the site would not be utilized to its highest and best use, as envisioned by the General Plan and the commercial and residential growth of the general area. This alternative will not allow the objectives of the General Plan to be achieved and would deny the public the socio-economic benefits associated with the project. Under the "no action" alternative, no sources of income will be brought to the owner and consequently no increase in government revenues from higher property taxes will be realized. ALTERNATIVE USES The current zoning for the property is Residential 10,000 square feet (RS- 10). Under this alternative, based on the Ohana Dwelling provision of the Zoning Code, the subject parcel could support and additional dwelling. That would be consistent with the LUPAG Medium Density designation. Another alternative would be to utilize this site for a more dense residential use, such as multiple-family residential. EVALUATION OF ALTERNATIVES Leaving the property in its current state would not maximize the use of the land. The property may be used for residential purposes. However, as Waiakea Houselots is transitioning from an exclusive residential to a ,fixture of commercial, industrial, and residential uses, the proposed onversion of a dwelling into an office would be consistent with this trend and help make this area a more successful mixed use community. Ftelatedly, the commercial zoning and conversion of the dwelling would enhance rather than diminish tax revenues. Further, if needed, Infrastructure improvements — such as a curb, gutters, and sidewalk, could be made fronting the property— making it conducive for pedestrian r movements. - 11 - Finally, the proposed rezoning would provide an opportunity for a real estate and property management office to better serve the community and immediate neighborhood. VII. REGULATORY ANALYSIS A. General Plan The General Plan provides for the long-range comprehensive development of the Island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site as Medium Density, a designation that allows the requested CN-10 zoning. Accordingly, this request would be consistent with the LUPAG Map. The requested zoning would be consistent with the goals, policies and standards of the Economic and Land Use Elements of the General Plan. Specifically, the more pertinent ones follow: Economic Element Goals: • Provide residents with opportunities to improve their quality of life. • Economic development and improvement shall be in balance with the physical and social environments of the Island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Economic Element Policies • The County shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. • Land Use Element (Commercial) Goals • Provide for commercial developments that maximize convenience to it users. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. - 12 - Land Use Element (Commercial) Policies • Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. • The development of commercial facilities should be designed to fit into the locale with minimum intrusion while providing the desired services. Appropriate infrastructure and design controls shall be incorporated into the review of such development. Land Use Element Standards • Commercial development shall be located in areas adequately served by transportation, utilities, and amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. • Off-street parking and loading facilities shall be provided. • Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. • Preference shall be given to commercial lands with a reasonably level topography. ' cussion and C nc.:usion If approved, the prc ject would provide additional commercial opportunities in the Hilo area. Its location is ideal to service the community and is proximate to existing c)mmercial, industrial, and residential uses. All required infrastructure k in place and/or would require minimal modification. If do selopr lent of infrastructure is required, it would be provided by the applicarn without taxing government's servicing ability. The pl..:-"ct site has limite.c, an-site developmental constraints. Due to its prior residential use, arch aeoi?gical, floral, or faunal concerns should be minimal or non-existent. Th 3re may be a potential for some endemic birds to visit this area. The development of this site would not remove an existing critical habitat. F urthermore, if there are inadvertent archaeological features discovered on the site, work will stop and the State DLNR and Cot inty Planning Department will be consulted before further activities occl r within the affected area. • - 13 - Assuming this request is approved, the site will be used for commercial purposes. All structures and improvements would be developed consistent with the Zoning and Building Code. No variance from the Code is anticipated. B. Hawaii State Plan Chapter 226, Hawaii Revised Statutes, outlines the long-range goals and policies of the Hawaii State Plan. The Plan is intended to serve as a guide for the growth and future long-range development of the State. The request is consistent with the following goals of the Plan: • A strong, viable economy characterized by stability, diversity, and growth that enables the fulfillment of the needs and expectations of Hawaii's present and future generation; • A desired physical environment characterized by beauty, cleanliness, quiet, stable and natural systems, and uniqueness that enhances the mental and physical well-being of the people; • Physical, social and economic well-being for individuals and families that nourishes a sense of community responsibility and caring of participation in family life. The proposed project would achieve these goals and would provide both direct and indirect employment opportunities for current and future residents of the island; contribute to the island's overall tax base and increase both State and County revenues, and complement and support other economic uses. This, in turn, will contribute to the stability, diversity, and growth of local and regional economies. The employment opportunity would come without adversely affecting the environment. Impacts to the surrounding areas would not be significantly affected. All required infrastructure will be in place prior to occupancy of any portion of the project. The provision and/or retention of natural landscaped buffers around the perimeter of and selected portions within the project site would also help mitigate any adverse visual and noise impacts to neighboring residential properties. Impacts to the surrounding areas would also not be significant. All required infrastructure is in place, including traffic improvements, wastewater and potable water system. Any required improvements will be undertaken by the applicants at no cost to taxpayers. C. Hawaii Coastal Zone Management Program The objectives of the Hawaii Coastal Zone Management (CZM) Program are outlined in Chapter 205A, Hawaii Revised Statutes. The principal goal - 14 - is to assure the protection and maintenance of the State's coastal resources. Although the entire State falls within the CZM area, the permitting process is geared for those areas proximate to the coast and identified by the County as the Special Management Area. The proposed . project will not have any substantial adverse environmental or ecological effect. Any effect that may result will be minimized to the extent practicable and will be clearly outweighed by public interest. The proposed development would be consistent with the objectives of the CZM program. Specifically, • The proposed project will not have any substantial adverse environmental or ecological effect. • The proposed project would be consistent with the objectives of the CZM program, specifically: • There would be no impact to the area's recreational resources. The property is not an oceanfront property; • Because of the property's historical residential use, the project site should not have any remaining historical resources; • The Project will not affect any scenic and open space resources; • The coastal ecosystem will not be impacted; • There will be more employment opportunities, and furthering the economic use of the site; • The site is more than a mile from the shoreline and there would be no coastal hazard or beach erosion or marine resource impacts; • Public participation will be achieved through the hearings on this request. Thus, the proposed development would be consistent with the State Land Use Laws and Regulations, County General Plan, Hawaii County Zoning Code, and other appropriate regulatory rules. D. Hilo Community Development Plan As noted earlier, the Hilo CDP was adopted in 1975 by the Planning Commission to serve as a guide to the General Plan. Although the site is designated RS-10, many changes have occurred over the past 25 years, making many of the F tanning assumptions obsolete. E. Zoning If the request is app roved, all requirements relative to height, setback, landscaping, and p<irking, and the like would be complied with. No variances from the Code are anticipated. - 15 - DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII 7:: 2: HI LO, HAWAII DATE: October 24, 2013 TO: Duane Kanuha, Planning Director FROM: Department of Public Works, Engineering Division AA, p g 9 SUBJECT: CHANGE OF ZONE APPLICATION (REZ 13-000169) Applicant: Sherry Jordan Request: RS-10 to CN-10 Tax Map Key: 2-2-36: 053 We have reviewed the subject application forwarded by your memo dated October 9, 2013 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 in accordance with Section 25-2-72(3) of the Hawaii County Code. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. The Zoning Map classifies Laukapu Street as a collector with an existing right-of-way width of 40 feet and an existing future road widening of 5 feet (fronting parcels 053 and 143). Based on the proposed zoning,we recommend the applicant provide improvements to the subject property's entire Laukapu Street frontage consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting the review and approval of the Disability and Communications Access Board (for compliance with the Americans with Disabilities Act). The improvements shall be located within any additional future road widening setback as may be established by the Planning Department. Install streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. ~ SCANNED Nanning 1 e filio Questions may be referred to Kelly Gomes at ext. 8327. I 016x (11 Exhibit r Sy. County of Hawaii is an Equal Opportunity Provider and Employer William P.Kenoi Wit'! Warren H.W.Lee Mayor .'�- ';:6:: ` :f}." ," 'r' '_tT::' •vy' Director 1Y �),q Walter K.M.La Brandon A.K.Gonzalez r ManagingDirectokii1:1 fIC f _ El i^: t•e Deputy Director • G NA M���•` QIunnt Aguat of DEPARTMENT OF PUBLIC WORKS Aupuni Center 101 Pauahi Street,Suite 7•Hilo,Hawaii 96720-4224 (808)961-8321-Fax(808)961-8630 www.co.hawaii.hi.us October 30, 2013 From: Kelly Wilson Non-Residential Plan Examiner Building Division Subject: Change of zone Application (REZ 13-000169) Applicant: Sherry Jordan Request: RS-10 to CN-10 Tax Map Key: 2-2-036:053 In review of the re-zone submitted packet, the structures on 2-2-036:053 to be used for an office will require a change of use from R-3 and accessory U occupancies to a B occupancy. If any changes in the structure, electrical or plumbing are planned, they can be included in this permit too. One correction in the review packet; with the change in codes March 28, 2012, the Earthquake Zone is "D", instead of"3". Any questions please contact me at 808-961-8472 or kwilson @co.hawaii.hi.us. 088327 County of Hawaii is an Equal Opportunity Provider and Employer. • of"WATER, p • . 19 a _moo � DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII yTr - .' ,I,P," 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 OF Hav410., TELEPHONE (808) 961-8050 • FAX (808) 961-8657 October 28, 2013 TO: Mr. Duane Kanuha, Director C-, Planning Department `- ' 1-....) Y9 FROM Quirino Antonio, Jr., Manager-Chief Engineer SUBJECT: CHANGE OF ZONE APPLICATION _=, APPLICATION (REZ 13-000169) cp ::-; APPLICANT—SHERRY JORDAN REQUEST: RS-10 TO CN-10 TAX MAP KEY 2-2-036:053 We have reviewed the subject application and have the following comments. There is an existing 5/8-inch water meter serving the subject parcel,which allows an average usage of up to 400 gallons per day and is considered adequate for a single family dwelling. The water demand for the proposed use as a realtor's office should not exceed the allowed water usage from a 5/8-inch meter. However,per County Water System Standards, commercial zoning requires a minimum fire flow rate of 2,000 gpm while not exceeding a velocity of 10 feet per second within the pipeline. Meeting this flow rate requirement requires an 8-inch pipeline that is fed from two directions or a 12-inch pipeline. The pipeline fronting the property is only a 6-inch line that is fed from two directions. Also,commercially zoned parcels typically require a fire hydrant within 150 feet of the property. According to our maps,the nearest hydrant is more than 300 feet away from the property. Applicant should consult with the Fire Department regarding these concerns. Should there be any questions,please contact Mr. Lawrence Beck of our Water Resources and Planning Branch at 961-8070, extension 260. Sincer yours, Quirm Antonio, Jr., P.E. Manag -Chief Engineer LB:dfg Planning Dept. 488293 copy - Ms. Sherry Jordan Exhibit 3 . . .W a t e r,-Our M o s t Precious R e s o u r c e . . . Ka W a i A pane . . . • The Department of Water Supply is an Equal Opportunity provider and employer. William P. Kenoi 't :. ` Harry S.Kubojiri • r� Mayor r "APT a \ t,��' Police Chief 1013x " •�� n 1 .~ry P. ' 7TH O f MS.7 i t 2 {3 - Paul K.Ferreira Deputy Police Chief County of Hawai' i POLICE DEPARTMENT 349 Kapi`olani Street • Hilo,Hawai`i 96720-3998 (808)935-3311 • Fax(808)961-2389 October 22, 2013 TO : DUANE NUHA, PLAT NING DIRECTOR FROM : HN ' . TAVAR 4., ASSISTANT POLICE CHIEF ARE I PERATIO SUBJECT : CHANGE OF ZONE APPLICATION (REZ 13-000169) APPLICANT: SHERRY JORDAN REQUEST: RS-10 TO CN-10 TAX MAP KEY: 2-2-036:053 Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. If there are any questions, please contact Captain Richard Sherlock, Commander of the South Hilo District, at (808) 961-2214. RS:Ili 130706 Planning Dept. SCANNED I Exhibit HI 2, 8 "Hawai'i County is an Equal Opportunity Provider and Employer" ' �OJNfV OR Now','1 William P. Kenos `� W�: 1) Darren J. Rosario t ., A4nvaR r,�T % `1e'.- ' Fire Chief � .rqr ,11,` _ Renwick J. Victorino \\`°`MP_= Depulr Fire Chief 2013 PM' 21 2= fly' �Cour�t of a�a�f`i HAWAI'I FIRE DEPARTMENT 25 Aupuni Street • Room 2501 • Hilo,Hawaii 96720 (808)932-2900 • Fax(808)932-2928 October 16, 2013 TO: DUANE KANUHA, PLANNING DIRECTOR FROM: DARREN J: ROSARIO, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 13-000169) APPLICANT: SHERRY JORDAN REQUEST: RS-10 TO CN-10 TAX MAP KEY: 2-2-036:053 In regards to the above-mentioned Change of Zone application, assurance that Fire access is within 150' of all parts of any building on the subject property. Fire access shall meet the requirements of Section 18.2.3.2 of the State Fire Code and Sections 26-35 to Section 26-41 of Chapter 26 of the Hawai'i County Code. If there are any questions regarding these requirements, please contact the Fire Prevention Bureau at (808) 932-2911. -16.t.DARREN J. ROSARIO Fire Chief GA/lc SCANNED OCT 21 2013 R� Exhibit DSO Hawai'i County is an Equal Opportunity Provider and Employer. ilk S' William P.Kenoi - •:�. ,. .,� • BJ Leithead Todd Mayor • �'r- Director• Walter K.M.Lau M'� r N: John A.Medeiros Managing Director • Deputy Director Count of c atuat r DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo,Hawari 96720 (808)961-8083 Fax(808)961-8086 ':7 t 111-WW.h t,:ZI iicnun ^o--.ei? iro nnEeritai m nn^ ement` MEMORANDUM Date : October 14,2013 To : DUANE KANUHA,Planning Director From: BJ LEITHEAD TODD,Director Subject: Change of Zone Application(REZ 13-000169) Applicant: Sherry Jordan Request:RS-10 to CN-10 TMK: 2-2-036:053 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: SCANNED Planning Dept. 2012 hlbt / 088204 County of Hawaiti is an Equal Opportunity Provider and Employer. ky William P.Kenoi �'/, =. BJ Leithead Todd • Mayor =- •�'r- Director • •f••� Walter K.M.Lau ti of ..40& John A.Medeiros Managing Director .• Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo,Hawai'i 96720 (808)961-8083 •Fax(808)961-8086 h tip:fi hawai i co a niv.gov/en virunmen tai-rnanagetiienti MEMORANDUM Date : October 14,2013 -: To : DUANE KANUHA, Planning Director From: BJ LETTFIEAD TODD,Director /Change of Zone Application(REZ 13-000169) Applicant: Sherry Jordan Request: RS-10 to CN-10 TMK: 2-2-036:053 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.) (X) 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. ( ) Other: 088204 County of Hawaii is an Equal Opportunity Provider and Employer. NEIL ABERCROMBIE LORETTA J.FUDDY,A.C. S.W.,M.P.H. Director of Health f:•;k : ?1113 rr;3 ?t, Ai• 0: 2/1 STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: October 29, 2013 TO: Duane Kanuha Planning Director, County of Hawaii FROM: Newton Inouye r� District Environmental Health Program Chief SUBJECT: Change of Zone application (REZ 13-000169) Applicant: Sherry Jordan Request: RS-10 to CN-10 Tax Map Key: 2-2-036:053 The subject project is located within or near proximity to the County sewer system. a. All wastewater generated shall be disposed into the County sewer 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 13-000169.ni Planning Dept., 088302 Exhibit s_ • 17°„ :t�.f1 Gi l .'s 1.j1 1's I: krill • lr��•r-1 v1.k? N[tLAi[PCRQM$i[ I`,I .. s..: i.. 1=.y-e ''•�£IL1.lAM J.AII.A,M QIYINIl11)f1OP INMAM ;11t + IIMIRVIAMw •1 I MAIM I*t AM/A101NAI1AIA11LLNN NUN ' '�, 2 13 Si�?V --� '1 1NtWWAIfIIM411M14YAMMNWNI STATE OF HAWAII cood and_4444, 114 , X 1e DEPARTMENT OF LAND AND NATURAL RESOD ' _ LAND DIVISION RCES POST OPPICE BOX 621 AitionIotO HONOLULU,HAWAII 96809 November 5,2013 County of Hawaii Planning Department Attention: Mr. Jeff Darrow via email: idarrowAco.hawaii.hi.us 101 Pauahi Street, Suite 3 Hilo,Hawaii 96720 Dear Mr.Darrow: SUBJECT: Change of Zone Application (REZ 13-000169) from RS-10 to CN-10, Sherry Jordan,Applicant, Puna, Hawaii;TMK: (3)2-2-036:053 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 the Engineering Division on the subject matter. Should you have any questions,please feel free to call Kevin Moore at(808)587-0426. Sincerely, Russell Y. Tsuji Land Administrator Enclosure(s) Planning Dept. 0 8 8 4 4 7 Exhibit ? ��,�,�u ► '• NRILArgl r 1 - zoo !ny — P.M p: 2 aL 1,r t+'.�, •f c NON ONWAY/a 1U111131Alat MMUgIDOOrf (11W-aitwir_ffl w,Gt STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION y a� � POST OFFICE BOX 621 W HONOLULU,HAWAII 96809 • October 16,2013 C° N MEMORANDUM - T ,: DLNR Agencies: - _Div.of Aquatic Resources Div.of Boating&Ocean Recreation X Engineering Division Div.of Forestry&Wildlife Div.of State Parks Conunission on Water Resource Management Office of Conservation&Coastal Lands X Land Division—Hawaii District i X Historic Preservation FR• • : I�e 11 Y. Tsuji,Land Administrator�� S :MCI': i,/C mge of Zone Application(REZ 13-000169)from RS-10 to CN-10 LOCATION: Puna,Hawaii;TMK: (3)2-2-036:053 APPLICANT: Sherry Jordan Transmitted for your review and comment is the above referenced application. We would appreciate your comments on this document. Please submit any comments by November 5,2013. 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. ( ) We have no objections. ( ) We have no comments. (1/) Comments are�tt: f •. Signed: / 1 Air Print nam fl •.. 11. Date: HI cc: Central Files 0 88441 C�ilAV.1-'1':(3 lyTv ' .' 1.` .t.. i DEPARTMENT OF LAND AND NATURAL RESOURCES ' ../t:111 -7 "M 8: 20 ENGINEERING DIVISION LD/KevinMoore REF.:PunaChangeZone Hawaii.628 COMMENTS (X) We confirm that the project site,according to the Flood Insurance Rate Map(FIRM), is located in Zone X. The National Flood Insurance Program does not have any regulations for developments within Zone X. () Please take note that the project site,according to the Flood Insurance Rate Map(FIRM),is located in Zone () Please note that the correct Flood Zone Designation for the project site according to the Flood • Insurance Rate Map(FIRM)is_. () Please note that the project must comply with the rules and regulations of the National Flood Insurance Program(NFIP)presented in Title 44 of the Code of Federal Regulations(44CFR), whenever development within a Special Flood Hazard Area is undertaken. If there are any questions,please contact the State NFIP Coordinator,Ms.Carol Tyau-Beam,of the Department of Land and Natural Resources,Engineering Division at(808)587-0267. Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your Community's local flood ordinance may prove to be more restrictive and thus take precedence over the minimum NFIP standards. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: () Mr. Mario Siu Li at(808)768-8098 or Ms.Ardis Shaw-Kim at(808)768-8296 of the . City and County of Honolulu,Department of Planning and Permitting.. ' () Mr.Frank DeMarco at(808)961-8042 of the County of Hawaii,Department of Public Works. () Ms.Carolyn Cortez at(808)270-7813 of the County of Maui,Department of Planning. () Mr.Stanford Iwamoto at(808)241-4884 of the County of Kauai,Department of Public Works. () The applicant should include water demands and infrastructure required to meet project needs. Please note that projects within State lands requiring water service from the Honolulu Board of Water Supply system will be required to pay a resource development charge,in addition to Water Facilities Charges for transmission and daily storage. () he applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Plan Update 0) Additional Comments: () Other. Should you have any questions,please call Ms.Suzie S.Agraan of the Planning Branch at 587-0258. Signed: CARTY AN • IEF ENGINEER Date: L,c/u' _1 .J 088447 SidneyFuke, Planning Consultant 100 Pauahi Street,Suite 212 • Hilo, Hawaii 96720 rr'' ��r�i.:s'_>} �J�'•Planning•Variance•Zoning hn �._, Telephone: (808)969-1522•Fax:(808)969-7996 r)1,°`7 4' ;?' !'';111 •Subdivision•Land Use Permits E-mail:sidfuke@haweiiantel.net •Environmental Reports 2013 NOV -8 nm 3: 21 November 8, 2013 Mr. Duane Kanuha, Director Planning Department COUNTY OF HAWAT I 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kanuha: Subject: Rezoning Application(REZ 13-000169) Sherry Jordan TMK: 2-2-036: 053 Thank you for providing me with a copy of agency comments to date regarding the subject application. In response to these comments, we provide the following: a. The Department of Water Supply("DWS")noted that water for the proposed real estate office should not exceed the allowed water usage from the existing 5/8 inch fronting the property. It should not. It also noted that its commercial use standards call for a minimum fire flow rate of 2,000 gpm, which can be achieved only with an 8-inch water line and not the existing 6-inch line. In further discussions with Mr. Kurt Inaba of the DWS, however, he added that any alternative to this requirement has to be decided upon by the Fire Department. As such,the applicant is now in discussions with the Fire Department and will comply with its requirements. Compliance will be enforced via the building permit process. b. The Fire Department("FD")commented that"Fire access is within 150' of all parts of any building on the subject property." This and the access requirements, as well as any alternative to the minimum fire flow requirement will need to be fulfilled prior to issuance of a building permit. Given the above, we respectfully request that should the application be favorably considered with conditions, there be a condition of compliance with the DWS, except as may be modified by FD relative to fire protection, prior to issuance of a building permit. c. Relative to the Department of Public Work("DPW")—Engineering's comments,the requirement of containing all project-generated water on-site will be complied with. A drainage plan, as required by the Plan Approval process, will be submitted and subsequently implemented. Likewise, if needed, all appropriate traffic control devices and street lights will be installed in conjunction with the development of this project. Planning Dept. 0 8 8 4 9 3 Exhibit 9 • a Mr. Duane Kanuha,Director November 8, 2013 Page 2 As with the properties in this area that were recently rezoned,the applicant is aware that a 5-foot wide future road widening strip fronting the site's Laukapu Street frontage will have to eventually be relinquished to the County. Further,taking into account the 5-foot wide future road widening strip, a concrete curb, gutter, and sidewalk section fronting the site's Laukapu Street frontage will also eventually have to be installed. Inasmuch as the applicant intends to merely renovate the existing structure for its proposed real estate office, it would appreciate consideration in having the major improvements deferred, if possible, to when a new structure is constructed on the property. Relative to DPW-Building's comments,the applicant understands and accepts that a change of use permit will be required prior to occupancy of the dwelling. We appreciate the clarification of the earthquake zone from"3"to"D". d. The Police Department did not anticipate any traffic and/or safety concerns. Further, the Department of Environmental Management had no comments relative to solid waste or wastewater. We trust that the above adequately responded to the comments to date. If not or if there are further questions or comments on this matter, please let me know. Thank you very much. Sincerely, d SIDiNVir M. FUKE Planning Consultant Copy—Sherry Jordan via email RJordanREZ.doc-11/13/13 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION SHERRY JORDAN CHANGE OF ZONE APPLICATION(REZ 13-000169) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony,the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicants request a change of zone from Single-Family Residential 10,000 square feet (RS-10)to Neighborhood Commercial 10,000 square feet(CN-10)to renovate an existing single-family dwelling to relocate a real estate business to the site. Parking will be provided on-site. The applicant operates a real estate and property management firm in Hilo and purchased the subject property to establish her operation to improve customer service in a commercial/residential setting. The applicant intends to commence construction upon securing all necessary permits. 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 RS-10 to CN-10 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. 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. Attachment to: Comm. 605 Bill 183 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 and transportation systems. The proposed project conforms to the Commercial Development goal which states "provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods." 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 Medium Density Urban on the LUPAG Map. This designation allows village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential—up to 35 units per acre). The requested zoning would be consistent with the urban designation on the LUPAG Map for this area of Hilo. The requested zoning is also consistent with the following goals, policies, and actions of the General Plan: LAND USE—GENERAL • Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • 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. LAND USE—COMMERCIAL • Provide for commercial developments that maximize convenience to users. -2- • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. • Commercial facilities shall be developed in areas adequately served by necessary services such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. The State Land Use designation for the subject property is Urban. The property is designated Urban by the Land Study Bureau's Productivity Rating. The Hilo Community Development Plan (CDP), adopted in 1975, suggests residential uses in this area. However, this area is transitioning to higher density commercial type uses. The proposed change of zone would complement the existing commercial land uses that already exist in this area and will provide for an orderly development of the area. The property is a vacant, approximately 11,771 square foot parcel located on Laukapu Street. The property was formerly used as a single-family residence, and the applicant proposes to renovate the dwelling to relocate her real estate business to the site. The land uses in the area are a mix of residential and commercial uses. Big Island Candies is located on Hinano Street northwest of the site. Properties within 500 feet of the property along Laukapu Street to the north have been rezoned into the MCX-20 district for a proposed restaurant, retail shop, and a veterinary clinic. Immediately adjacent properties to the north and south are zoned RS-10 and improved with residences. Rezonings in the area from RS-10 to Neighborhood Commercial include: • TMK: 2-2-34: 85 and 93 (Ordinance No. 00 031) • TMK: 2-2-34: 12 (Ordinance No. 06 107) • TMK: 2-2-34: 13 (Ordinance No. 06 124) • TMK: 2-2-34: 84 (Ordinance No. 08 006) • TMK: 2-2-36: 25 and 26 (Ordinance No. 08 20) • TMK: 2-2-34: 88 (Ordinance No. 09 45) • TMK: 2-2-34: 82 (Ordinance No. 10 76) -3- All utilities and services are available to the site. The project will connect to the existing County sewer system. Solid waste will be disposed of by commercial handlers. Access to the project site is proposed from Laupaku Street, designated as a collector with a right-of-way of 40 feet and an existing future road widening of five (5) feet. The Department of Public Works has recommended that the applicant provide improvements to the property's entire Laukapu Street frontage consisting of,but not limited to,pavement widening with concrete curb, gutter and sidewalk,drainage improvements,and any required utility relocation. The DPW states that the improvements shall be located in the future road widening setback. The applicant has agreed to this requirement;however,requests that since the proposed use will be contained within an existing dwelling,the required improvements be installed when and if a new structure is constructed on the site. Given the limited nature of the proposed use, we can understand the burden of providing these improvements. However,the requested change of zone, if approved, will accommodate a range of commercial uses that must be supported by adequate public facilities. In select circumstances, especially when considering the smaller scope of the proposed use, it is reasonable to defer the installation of these roadside improvements to allow the applicant to accommodate the financial burden. As such,the Planning Director supports its deferral for a period of five(5) years from the effective date of this change of zone, should it be approved, at which time all roadside improvements shall be provided. In a memo dated October 16, 2013,the Fire Department requested assurance that fire access is within 150 feet of all parts of any building on the property. In a letter dated November 8, 2013,the applicant agrees to comply with the Department of Water Supply's comments relative to fire protection,prior to issuance of a building permit. As the applicant proposes to renovate the existing structure, all required building permits shall be secured prior to the start of any construction. 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", area 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 -4- properties or roadways. No professional surveys were conducted of the site due to the history of extensive disturbance. By letter dated September 23,2013,the applicant has requested a letter of "no effect"from the Department of Land and Natural Resources Historic Preservation Division(DLNR-HPD). No professional flora or fauna surveys were conducted of the site. The applicant does not believe that rare or endangered floral or faunal resources are on the site as the property is improved and located within an urban environment close to existing commercial uses. The request is not contrary to Chapter 205A,Hawaii Revised Statues, relating to Coastal Zone Management. The project site is not proximate to the shoreline and outside of the SMA. There is no record of a designated public access to the shoreline or mountain areas that traverses the site. According to the applicant,no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore,no action is necessary to protect these rights. Based on the above, the approval of the change of zone request from a Single-Family Residential(RS-10)to a Neighborhood Commercial(CN-10)zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawai`i County Code,is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -5- + OF COUNTY OF HAWAII STATE OF HAWAII F Of M+ BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE- FAMILY RESIDENTIAL — 10,000 SQUARE FEET(RS-10)TO NEIGHBORHOOD COMMERCIAL— 10,000 SQUARE FEET(CN-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-2-036:053. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code)of the Hawai`i County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawai`i, shall be Neighborhood Commercial— 10,000 square feet(CN-10): Beginning at the Northwest corner of this parcel of land on the easterly side of Laukapu Avenue,being also the southwest corner of Grant Number 10085 to Cho Hen Chun,the coordinates of which referred to Government Survey Triangulation Station "Halai"being 2,103.00 feet south and 10,121.00 feet east and running by azimuths measured clockwise from true South: 1. 270° 00' 134.00 feet along Grant 10085 to Cho Hen Chun; 2. 360° 00' 88.00 feet along remainder of Grant 9996 to Lawrence W. H. Chock; 3. 90° 00' 124.00 feet along remainder of Grant 9996 to Lawrence W. H. Chock; Thence along remainder of Grant 9996 to Lawrence W. H. Chock, on curve to the right with a radius of 10.00 feet, the chord azimuth and distance being: -1- 4. 135° 00' 14.14 feet,thence; 5. 180° 00' 78.00 feet along the easterly side of Laukapu Avenue to the point of beginning and containing an area of 11,771 square feet,more or less. All as shown on the map attached hereto,marked Exhibit"A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005 Edition),the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health,safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII • , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- CG-20 RS-10 CG-20 MCX-20 R5-10 c7O4 KEKUANAOA ST R5-10 RS-10 R5-10 R5-10 R5-10 CN-10 CN-10 8 R5-10 R5-10 R5-10 R5-10 SINGLE-FAMILY RESIDENTIAL- RS-10 10,000 SQ.FT.(RS-10) TO NEIGHBORHOOD COMMERCIAL- D 10,000 SQUARE FEET(CN-10) 11,771 SQUARE FEET TOTAL RS-10 R5-10 R5-10 zlos.oas 10,121.00'E p p HALA'1" 8 R5-10 R5-10 RS-10 RS-10 R540 R5-10 R5-10 RS-10 cn i o R5-10 R5-10 R5-10 R10 R5-10 R5-10 R5-10 RS-10 p N 8 R5.10 RS-10 RS-10 R5-10 N I Feet 0 200 400 600 800 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 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL - 10,000 SQUARE FEET (CN-10) AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK:(3)2-2-036:053 DATE:Oct.2,2013 EXHIBIT"A" Sherry Jordan �A�n•14An CJo rdanREZ.do c-11/13/13 SHERRY JORDAN CHANGE OF ZONE APPLICATION (REZ 13-000169) CONDITIONS OF APPROVAL A. The applicant(s), successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the"Water Commitment Guidelines Policy"to the Department of Water Supply within 180 days from the effective date of this ordinance. C. The commercial use of the property shall be established (certificate of occupancy) within five (5) years from the effective date of this ordinance. Prior to establishment, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) standards for CN zones adjoining a RS zone. D. Driveway access from Laukapu Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawai`i County Code. E. A five-foot wide future road widening strip along the entire Laukapu Street frontage of the subject property shall be subdivided and dedicated to the County, at no charge, within five (5) years from the effective date of this ordinance. Such dedication shall include improvements within the road widening strip consisting of,but not limited to,pavement widening with concrete curb, gutter and sidewalk, drainage improvements and any required utility relocation, meeting the approval of the Department of Public Works and conforming to the requirements of the Americans with Disabilities Act. F. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. G. The project shall connect to the County sewerline fronting the property. H. A Solid Waste Management Plan shall be submitted to the Department of Environmental Management for review and approval prior to the issuance of a Certificate of Occupancy. If the applicant(s), successor(s), or assign(s) develops residential units on the subject property, the applicant(s) shall make its (their) fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire,police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance,based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of$8,394.57 per multiple family residential unit($13,081.99 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit(single family residential unit) shall be allocated as follows: 1. $4,140.80 per multiple family residential unit($6,308.37 per single family residential unit)to the County to support park and recreational improvements and facilities; 2. $130.87 per multiple family residential unit($304.32 per single family residential unit)to the County to support police facilities; -2- 3. $402.57 per multiple family residential unit($601.06 per single family residential unit)to the County to support fire facilities; 4. $179.43 per multiple family residential unit($263.15 per single family residential unit)to the County to support solid waste facilities; and 5. $3,540.90 per multiple family residential unit($5,605.09 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution,the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director,upon consultation with the appropriate agencies and approval of the County Council. J. 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. K. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented,the applicant shall comply with the requirements of Chapter 11, Article 1, Hawai`i County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to final plan approval. L. The applicant(s) 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(s), successors or assigns, and that are not the result of their fault or negligence. -3- 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant(s) should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. 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