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Home My WebLink AboutCOM 0716.000 2012-2014 �tY�OF h , •• ,'. Walter K.M.Lau Managing Director •, William P.Kenoi •: . ��+ Mayor -_''' Randall M.Kurohara 4'tE•.• .• Deputy Managing Director • • Oi•N►'.M County of Hawaii Office of the Mayor 25 Aupuni Street,Suite 2603 • Hilo,Hawaii 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 February 25, 2014 hJ t� J Yoshimoto, Council Chair rri and Members of the County Council 1•,3 County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Members: 'State Land Use Boundary Amendment(SLU 13-000039) Request: Agricultural to Urban Change of Zone Application(REZ 13-000171) Request: A-1a to CV-20 Applicant: Jerry Souza Tax Map Key: 1-5-007:061 Change of Zone(REZ 898, Docket No. 98-000006) Applicant: Waterfall Entertainment, Inc. Request: Time Extension to Conditions B (Water Commitment Payment)and C(Complete Construction)of Ordinance No. 06 144 Tax Map Key: 2-2-037:029 Change of Zone Application(REZ 13-000167) Applicant: Vincent T. C.Tai Request: RM-2.5 to RM-1.5 Tax Map Key: 2-4-028:009 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. William P. Kenoi Comm. No., 7/& Mayor Ref.To: PC- Ref. Date. FEB 2 7 2014 Enclosures cc: Planning Department County of Hawaii is an Equal Opportunity Provider and Employer. ( ..t `N.+'. County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 E.3 2 5 2014 J Yoshimoto, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: State Land Use Boundary Amendment (SLU 13-000039) Request: Agricultural to Urban Change of Zone Application (REZ 13-000171) Request: A-la to CV-20 Applicant: Jerry Souza Tax Map Key: 1-5-007:061 The Windward Planning Commission, after a duly held public hearing on February 6, 2014, voted to recommend for your approval the proposed legislative bills to change the State Land Use district from the Agricultural to the Urban District and a Change of Zone from Agricultural— 1 acre(A-la)to a Village Commercial—20,000 square feet(CV-20) zoning district for one acre of land. The property is located on the east side of Kahakai Boulevard, across from the Woodland Center Shopping Center, Keonepoko, Puna, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the requests. State Land Use Boundary Amendment The applicant requests the reclassification of approximately one acre of land from the State Land Use Agricultural to the Urban District and seeks a concurrent change of zone from the Agricultural (A-1a) to a Village Commercial (CV-20) zoned district to Hawai`i County is an Equal Opportunity Provider and Employer J Yoshimoto, Council Chair and Members of the County Council Page 2 allow the establishment of a commercial food processing facility within an existing warehouse. The Commission shall not approve an amendment of a land use district boundary unless the Commission finds upon the clear preponderance of the evidence that the proposed boundary amendment is reasonable, does not violate Section 205-2, Hawai`i Revised Statutes (HRS), and is consistent with the policies and criteria established pursuant to Sections 205-16, 205-17, and 205A-2, HRS. In its review of any application for reclassification of district boundaries pursuant to this chapter, the Planning Commission shall specifically consider the following decision-making criteria: 1) The extent to which the proposed reclassification conforms to the applicable goals, objectives, and policies of the Hawaii State Plan and relates to the applicable priority guidelines of the Hawaii State Plan and the adopted functional plans; 2) The extent to which the proposed reclassification conforms to the applicable district standards; 3) The impact of the proposed reclassification on the following areas of state concern: a) Preservation or maintenance of important natural systems or habitats; b) Maintenance of valued cultural, historical, or natural resources; c) Maintenance of other natural resources relevant to Hawai`i's economy including, but not limited to agricultural resources; d) Commitment of state funds and resources; e) Provision for employment opportunities and economic development; and f) Provision for housing opportunities for all income groups, particularly the low, low-moderate, and gap groups; 4) In establishing the boundaries of the districts in each county, the Commission shall give consideration to the General Plan of the county in which the land is located; J Yoshimoto, Council Chair and Members of the County Council Page 3 5) The representations and commitments made by the petitioner in securing a boundary change, including a finding that the petitioner has the necessary economic ability to carry out the representations and commitments relating to the proposed use or development; and 6) Lands in intensive agricultural use for two years prior to date of filing of a petition or lands with a high capacity for intensive agricultural use shall not be taken out of the agricultural district unless the Commission finds either that the action: a) Will not substantially impair actual or potential agricultural production in the vicinity of the subject property or in the county or State; or b) Is reasonably necessary for urban growth. The determination of boundaries for the Urban District, must also meet the following: 1) It shall include lands characterized by "city-like" concentrations of people, structures, streets, urban level of services and other related land uses; 2) It shall take into consideration the following specific factors: a) Proximity to centers of trading and employment except where the development would generate new centers of trading and employment; b) Availability of basic services such as schools, parks, wastewater systems, solid waste disposal, drainage,water, transportation systems, public utilities, and police and fire protection; and c) Sufficient reserve areas for foreseeable urban growth; 3) It shall include lands with satisfactory topography, drainage, and reasonably free from the danger of any flood, tsunami, unstable soil condition, and other adverse environmental effects; J Yoshimoto, Council Chair and Members of the County Council Page 4 4) Land contiguous with existing urban areas shall be given more consideration than non-contiguous land, and particularly when indicated for future urban use on state or county general plans; 5) It shall include lands in appropriate locations for new urban concentrations and shall give consideration to areas of urban growth as shown on the state and county general plans or county community plans or development plans; 6) It may include lands which do not conform to the standards in paragraphs (1)to (5): a) When surrounded by or adjacent to existing urban development; and b) Only when those lands represent a minor portion of this district; 7) It shall not include lands, the urbanization of which will contribute toward scattered spot urban development, necessitating unreasonable investment in public infrastructure or support services; and 8) It may include lands with a general slope of twenty per cent or more if the Commission finds that those lands are desirable and suitable for urban purposes and that the design and construction controls, as adopted by any federal, state, or county agency, are adequate to protect the public health, welfare and safety, and the public's interests in the aesthetic quality of the landscape. The approval of the reclassification from the State Land Use Agricultural to the Urban District for approximately one acre will be consistent with Section 205-2, Chapter 205, HRS and the Land Use Commission Rules,the County General Plan and the Hawai`i State Plan. The Hawai`i State Plan, County General Plan and Puna Community Development Plan (CDP) all encourage new urban growth to occur near existing urban areas where adequate public facilities are already available or can be provided with reasonable public or private expenditures, and away from areas where beneficial resources are present such as important agricultural land, natural, historic or cultural resources. These plans also suggest that communities should be planned to ensure that adequate support services and facilities are provided to accommodate population growth. The subject property is located in Pahoa, the largest town in the lower Puna district, near existing urban areas that are zoned commercial and industrial, which include Woodland Center, Pahoa Marketplace, and Pahoa Auto Parts. In 2013, J Yoshimoto, Council Chair and Members of the County Council Page 5 TMK: 1-5-007:006, 069, 070 comprised of 9.93 acres was approved for a change of zone from A-la to CV-10 (concurrent with a State Land Boundary Amendment from Agricultural to Urban) for the development of an approximately 104,326-square foot commercial center. Other urban uses such as a church, self-storage facility and feed and fertilizer store have also been established nearby with Special Permits. As urban uses already exist in the immediate area, the urbanization of the project site will not contribute towards scattered urban development. Nearby public facilities include a fire station, police station, post office, regional park, and medical clinics. Water, electricity and commercial-standard transportation facilities are available or can be made available with reasonable public and private expenditures. Although Pahoa does not currently have a public sewer system or municipal solid waste collection, wastewater and solid waste generated by development of the land with urban land uses can be disposed of in compliance with Federal, State and County regulations. The Puna district is one of the fastest growing districts in the State; however, the development of urban lands with commercial and light-industrial businesses to provide goods and services to the population has not kept pace with growth. The General Plan Land Use Pattern Allocation Guide(LUPAG) Map component of the General Plan is a representation of the document's goals,policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses and establishes the basic urban and non-urban form for areas within the County. The General Plan's LUPAG Map for Pahoa Village was recently amended to encourage rezoning of lands to urban zoning districts in order to provide these necessary goods and services. One of the primary reasons for the LUPAG Map amendment was to support the policies contained in the Puna CDP to develop Pahoa as a regional town center for the lower Puna district by increasing the designated urban density within the town center and directing commercial and industrial uses away from the Pahoa Bypass Road. With this amendment, the LUPAG map designation for the subject property was changed from Low Density Urban, which includes single-family residential and neighborhood commercial uses, to Medium Density Urban which allows for higher density urban uses such as village shopping centers and multiple-family residential. The reclassification action would be consistent with the goals, objectives and policies of the Hawai`i State Plan, County General Plan and Puna Community Development Plan by providing future employment opportunities and improved living standards and stimulating the development and expansion of economic activities in the lower Puna district. Since the subject property is located over five miles from the shoreline, the development of the parcel is not expected to have a significant adverse impact on coastal resources. The property is currently improved with a dwelling and a warehouse formerly used for the applicant's towing business. Thus, there are no unique natural, cultural or historic resources on the property that require preservation or protection. The property is J Yoshimoto, Council Chair and Members of the County Council Page 6 Unclassified on the State of Hawai`i ALISH Map and the Land Use Study Bureau's Overall Master Productivity Rating for the property's soils is "E" or "Very Poor." Additionally, the property is not considered important agricultural land and has not been used for sustained commercial agriculture in the recent past. The Hawai`i Right to Farm Act, HRS Chapter 165, was enacted to protect farming operations on land in the State Land Use Agricultural District when adjacent land is reclassified out of the Agricultural District. A condition of approval will require the applicant to provide notification to prospective purchasers, tenants or lessees of the Hawai`i Right to Farm Act. Therefore, the reclassification of this one-acre area from the Agricultural to the Urban designation will not be detrimental to the agricultural land inventory in the County of Hawai`i. More importantly, an Urban classification would complement the existing and future land use pattern of the surrounding area in view of the urban uses in close proximity to the property. Based on the above, the approval of the State Land Use Boundary Amendment from the Agricultural to the Urban District complements the State Land Use District Regulations and County General Plan and is supportive of the Hawaii State Plan. Change of Zone State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from Agricultural - 1 acre (A-la) to Village Commercial - 20,000 square feet (CV-20) for one-acre of land to accommodate the renovation of an existing 1,200-square foot warehouse to establish a food processing facility for the preparation of commercial smoked sausages, meats and fish. The cost of the improvements is approximately $25,000 and construction will commence upon completion of permitting. According to the Zoning Code, the purpose of the Village Commercial district is to provide a broad range or variety of commercial and light industrial uses that are necessary to serve the population in rural areas where the supplementary support of the general business uses and activities of a central commercial district is not readily available. The subject property is located in Pahoa town,the largest town in the area providing goods and services to the population in rural areas of lower Puna. The Change of Zone Application from an Agricultural (A-la) to Village Commercial (CV-20) zoned district will conform to the following goals, policies and standards of the General Plan. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses J Yoshimoto, Council Chair and Members of the County Council Page 7 with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following: LAND USE - GENERAL • 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- PUNA DISTRICT • Centralization of commercial activities in Pahoa Town, rather than along the Pahoa By-Pass, to serve the residents of Lower Puna shall be encouraged. According to the 2010 U.S. Census data, the Puna district contains the second highest population in the County with 45,326 residents, compared with 50.927 for the South Hilo district. Additionally the population of the Puna district has experienced significant growth over the last 30 years (76.8% from 1980-1990, 50.8% from 1990- 2000, 44.8% from 2000-2010) and will continue to rapidly grow due to the relative affordability of land in Puna. Comparatively, the population of the South Hilo district increased only 7.5% from 2000 to 2010 and is projected to be lower than the population of the Puna district by 2015. However,job growth and the provision of goods and services such as grocery stores and medical clinics have not kept pace with the population growth. Clearly there is a great public need for additional commercially-zoned lands in the Puna district, particularly in Kea'au and Pahoa which have been identified in the Puna Community Development Plan as regional town centers for the district. The General Plan Land Use Pattern Allocation Guide(LUPAG) is a graphic representation of the General Plan's goals and policies to guide the coordinated growth and development of the County. The General Plan's LUPAG Map for Pahoa Village was amended in 2012 to encourage rezoning of lands to urban zoning districts in order to provide these necessary goods and services. One of the primary reasons for the LUPAG Map amendment was to support the policies contained in the Puna CDP to develop Pahoa as a regional town center for the lower Puna district by increasing the designated urban density within the town center and directing commercial and industrial uses away from the Pahoa Bypass Road. With this amendment, the LUPAG map designation for the property was changed from Urban Expansion to Medium Density Urban which allows for higher density urban uses such as village shopping centers and multiple-family residential. Thus, the requested CV zoning request would allow for uses that are consistent with the Medium Density form depicted on the LUPAG Map. J Yoshimoto, Council Chair and Members of the County Council Page 8 The property is currently a dwelling site and the warehouse was formerly used for a towing business. The applicant hopes to renovate the warehouse to establish a food processing facility with a commercial kitchen to produce smoked meats and fish. The applicant will continue to reside on the property. Immediate surrounding lands are zoned for commercial and agricultural uses. The Woodland Shopping Center zoned CN-20 is located across Kahakai Boulevard to the west. Further to the southwest is the Malama Market shopping center zoned MCX-20. Other nearby commercial uses include Pahoa Auto Parts (zoned CN-20) to the south of the property at the intersection of Kahakai Boulevard and Pahoa Village Road. In 2013, a 9.93-acre parcel kitty-corner to the Woodland Shopping Center at the Pahoa Village Road-Kahakai Road intersection was approved for a change of zone from A-1 a to CV-10 (concurrent with a State Land Boundary Amendment from Agricultural to Urban) for the development of an approximately 104,326-square foot commercial center. The Pahoa Bypass Highway is located to the north of the property. The establishment of CV zoning on the subject property would be consistent with the existing land use pattern established within this portion of Pahoa. The applicant will comply with the requirements of the Zoning Code for the CV zoning district which would include but not be limited to building height restrictions, property setbacks, landscaping, and onsite parking. Therefore, the request to amend the zoning to CV-20 is consistent with the General Plan and Puna Community Development Plan. This particular request involves a change of zone from an A-la to a CV-20 zoned district. However, once a particular zoning district is approved and established, other similar uses may be allowed. As such, although this request is to amend the zoning district from Agricultural to Village Commercial uses to accommodate the renovation of an existing warehouse to establish a food processing facility, other uses may be established in the CV-zoned district. Under Section 25-5-122, these permitted uses include: • Adult day care homes • Amusement and recreation facilities, indoor • Art galleries, museums • Automobile sales and rentals • Automobile service stations • Bars • Bed and breakfast establishments • Boarding facilities • Business facilities, rooming, or lodging houses • Business services J Yoshimoto, Council Chair and Members of the County Council Page 9 • Cemeteries and mausoleums • Churches, temples, and synagogues • Commercial parking lots and garages • Community buildings • Convenience stores • Crop production • Day care centers • Dwellings, double-family • Dwellings, multiple-family • Dwellings, single-family • Family child care homes • Farmers markets • Financial institutions • Group living facilities • Home occupations • Hospitals, sanitariums, nursing, homes • Hotels • Laboratories, medical and research • Lodges • Manufacturing,processing and packing light and general • Medical clinics • Meeting facilities • Model homes • Mortuaries • Neighborhood parks • Offices • Personal services • Photography studios • Public uses and structures • Publishing plants for newspapers, etc. • Repair establishments, major(not more than five employees) • Repair establishments,minor • Restaurants • Retail establishments • Schools • Telecommunication antennas • Temporary real estate offices • Theaters • Utility substations. J Yoshimoto, Council Chair and Members of the County Council Page 10 All utilities and services are available to the site. Access to the property is from Kahakai Boulevard, a collector road with an existing right-of-way width of approximately 50 feet fronting the subject property. The Department of Public Works (DPW) recommends the applicant provide improvements to the property's entire Kahakai Boulevard frontage consisting of,but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting the requirements of the Americans with Disabilities Act and the approval of the DPW. Access to the property is from Kahakai Boulevard. The applicant has agreed to this requirement; however, requests that since the proposed use will be contained within an existing structure, 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 small 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. As commercial districts require a right-of-way width of 60 feet, a condition of approval will be added to provide a 5-foot wide road widening strip along the property's Kahakai Boulevard frontage. This condition is recommended in line with the various roadway improvements required as part of a recent commercial rezoning that will improve the Kahakai Boulevard extension to a commercial roadway standard by widening and improving a 50-ft foot wide State-owned reserve lot to a commercial standard 60-foot right-of-way with curb, gutter and sidewalks. For that particular change of zone to a CV- zoned district, five feet of additional right-of-way was required from the property's frontage along the Kahakai Boulevard Extension. Thus, for this request, conditions of approval will follow the recommendations of the Department of Public Works and the progression of improvements along Kahakai Boulevard and its extension into a commercial standard roadway system. County water is available from an existing 8-inch and 12-inch waterline within Kahakai Boulevard fronting the property. Currently, a 5/8-inch meter limited to 400 gallons per minute serves the property. The Department of Water Supply requires the applicant to submit an estimated maximum daily water usage calculation for the proposed use to ensure water availability, for which a condition of approval will be included in this recommendation. J Yoshimoto, Council Chair and Members of the County Council Page 11 There is no County sewer system in Pahoa; therefore, individual wastewater system(s)meeting Department of Health requirements will need to be installed for any future development. There are no municipal waste collection services in the County. All solid waste generated by the development will require private disposal at the Pahoa Transfer Station or Hilo landfill. The project has no severe geological or topographical problem which cannot be properly rectified or which would render the land unusable. The property is situated in Flood Zone"X", an area determined by FEMA to be outside of the 500-year flood plain. Electric and telephone services are available to the property. Police, Fire and medical services are available in Pahoa. This favorable recommendation is also made with the understanding that the applicant remain responsible for complying with all other applicable governmental requirements in connection with uses permitted within the Village Commercial zoning district, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), among many others. The subject property is located outside of the preliminary boundary of the Pahoa Regional Town Center but within the proposed Pahoa Regional Town Center Master Plan planning area and Pahoa Village District. At this time,the Pahoa Village Design Guidelines are also proposed for adoption by resolution. As such, a condition of approval will be included to require any new construction, exterior renovation of existing structures, and signage conform to any design guidelines for the area. Failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Finally, no objections were received from the public as of this writing. Based on the above findings, approval of the Change of Zone request from Agricultural (A-la) to the Village Commercial (CV-20)zoned district would result in an appropriate land use pattern that will further the public convenience, necessity and general welfare. For your favorable consideration, an amendment to the SLU Boundaries Maps and Section 25-8-26 (Pahoa Zone Map) of Chapter 25 Zoning Code of the Hawai`i County Code are transmitted. J Yoshimoto, Council Chair and Members of the County Council Page 12 We are enclosing a copy of the staff background, Planning Director's Recommendation, and the Powerpoint presentation for your information. Sincerely, /(J. t p.. Wallace A. Ishibashi, Jr., Chairman Windward Planning Commission Ljerrysouzaslul3-039rez13-171wpc2 Enclosures cc: Mr. Jerry Souza Department of Water Supply Department of Public Works DOT-Highways,Honolulu State Land Use Commission William Brilhante, Esq. B S ouzaREZ.doc-1/17/14 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT JERRY A. SOUZA STATE LAND USE BOUNDARY AMENDMENT APPLICATION(SLU 13-000039) CHANGE OF ZONE APPLICATION (REZ 13-000171) JERRY A. SOUZA has submitted applications for a State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from Agricultural - 1 acre(A-1 a) to Village Commercial -20,000 square feet(CV-20)for one acre of land. The property is located on the east side of Kahakai Boulevard, across from the Woodland Center Shopping Center, Keonepoko, Puna,Hawaii, TMK: 1-5-007: 061. PROPOSED ACTION 1. Request: State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from Agricultural - 1 acre (A-1a)to Village Commercial - 20,000 square feet(CV-20) for one-acre of land to accommodate the renovation of an existing 1,200- square foot warehouse into a food processing facility for the preparation of commercial smoked sausages, meats and fish. The estimated cost of the improvements is $25,000. Construction will commence upon completion of permitting. (P.D. Exhibit 1 -State Land Use Boundary Amendment and Change of Zone Application) 2. Landowners: Jerry Alan Souza, Sr. and Erlinda Balino Souza. BACKGROUND INFORMATION 3. Village Commercial District: (P.D. Exhibit 2 - Chapter 25,Hawaii County Zoning Code,Division 12 CV,Village Commercial Districts) STATE AND COUNTY PLANS 4. State Land Use District: Agricultural. 5. GP LUPAG Map: Medium Density Urban. This designation allows for village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential up to 35 units per acre). 6. County Zoning: Agricultural- 1 acre (A-la). Attachment to: Comm. 716 Bills 211 & 212 -1- 7. Puna Community Development Plan (PCDP): The PCDP identifies village centers that are intended to contain a mix of land uses to provide goods and services to the surrounding agricultural and rural communities. Pahoa is identified as one of the regional town centers for the district. The PCDP divides the Pahoa Regional Town Center into two areas. The northern area, which straddles Highway 130 near the Pahoa Village Road intersection, is intended for regional uses and services. The southern area, which straddles Pahoa Village Road between Apa`a Road and the Highway 130/Kapoho Road intersection, is intended to contain uses that are oriented primarily to residents of Pahoa. The subject property is located on the fringe of the Preliminary Village Center boundary on the Pahoa Regional Town Center map (Figure 5-2) in the Puna CDP. DESCRIPTION OF PROPERTY AND SURROUNDIN AREA 8. Subject Property: The property is improved with an approximately 39-year old single family dwelling, a 1,200-square foot warehouse, and landscaped with citrus trees and other non-native landscaping. The applicants will continue to reside on the property. 9. Surrounding Land Uses/Zoning: Immediate surrounding lands are zoned for commercial and agricultural uses. The Woodland Center Shopping Center zoned CN-20 is located across Kahakai Blvd to the west. Further to the southwest is the Malama Market shopping center on property zoned MCX-20. Other nearby commercial uses include Pahoa Auto Parts (zoned CN-20)to the south of the property at the intersection of Kahakai Blvd and Pahoa Village Road. In 2013, a 9.93-acre parcel kitty-corner to the Woodland Shopping Center at Pahoa Village Road-Kahakai Road intersection was approved for a change of zone from A-1 a to CV-10 (concurrent with a State Land Boundary Amendment from Agricultural to Urban) for the development of an approximately 104,326-square foot commercial center. The Pahoa Bypass Highway is located to the north of the property. 10. ALISH: Unclassified. 11. Land Study Bureau's Detailed Land Classification System: "E" or"Very Poor"for agricultural productivity. -2- 12. U.S.D.A. Soil Survey: Lava flows,pahoehoe (rLW). Pahoehoe lava has no soil covering and is typically bare of vegetation except for mosses and lichens. 13. Flood Zone: Zone"X", an area determined by FEMA to be outside the 500-year flood plain. 14. Flora/Fauna Resources: No botanical survey was conducted, since the property has been used as a dwelling site for nearly four decades, and the warehouse was formerly used for a towing business. Due to the improved nature of the property,the applicant believes that no listed, candidate or endangered animal or plant species exist on the property. 15. Archaeological/Cultural/Historical Resources: As the property continues to be in residential use, no formal archaeological, cultural, or historical studies were conducted of the site. The applicant has requested a letter of"no effect"by letter dated October 28, 2013. According to the applicant, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the property, nor existence of any known valued cultural, historical or native resources in the area. 16. Public Access: None that traverses the property. 17. Traffic: The applicant states that the proposed use will not generate much additional traffic. Since the operation of the food processing facility will most likely be conducted by the applicant and his wife, a TIAR was not prepared as part of this application. UTILITIES AND SERVICES 18. Access: Access to the property is from Kahakai Blvd, a collector road with an existing right-of-way width of approximately 50 feet fronting the subject property. The Department of Public Works (DPW)recommends the applicant provide improvements to the property's entire Kahakai Blvd frontage consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting the requirements of the Americans with Disabilities Act and the approval of the DPW 19. Water: County water is available from an existing 8-inch and 12-inch waterline within Kahakai Blvd fronting the property. An existing 5/8-inch meter serves the property. -3- 20. Wastewater: There is no County sewer system in Pahoa; therefore, individual wastewater system(s) meeting Department of Health requirements will need to be installed for any future development. 21. Solid Waste: All solid waste will be disposed at the Pahoa Transfer Station or Hilo landfill. 22. Utilities and Services: All utilities are available to the site. Police and fire services are available in Pahoa, and emergency medical services are available in Hilo. AGENCIES AND ORGANIZATION COMMENTS 23. Department of Public Works: P.D. Exhibit 3 -December 4,2013 memo 24. Department of Water Supply: P.D. Exhibit 4 -December 5,2013 memo 25. Police Department: P.D. Exhibit 5 -November 22,2013 memo 26. Fire Department: P.D. Exhibit 6 -November 25,2013 memo 27. Department of'Environmental Management: P.D. Exhibit 7-November 26,2013 memo 28. Department of Health: P.D. Exhibit 8 -December 2,2013 memo 29. DLNR Historic Preservation Division: P.D. Exhibit 9 -November 29,2013 memo 30. DLNR Land Division: P.D. Exhibit 10—December 10, 2013 letter 31. Puna Community Development Plan Action Committee: P.D. Exhibit 11 - December 10,2013 memo AGENCIES—NO COMMENTS OR OBJECTIONS 32. Department of Transportation, Land Use Commission APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 33. P.D.Exhibit 12 - December 17,2013 letter PUBLIC COMMENTS 34. None as of this writing. -4- APPLICATIONS FOR STATE LAND USE BOUNDARY AMENDMENT (Agricultural to Urban) and COUNTY REZONING (A-la TO CV-20) JERRY A. SOUZA Keonopoko Homesteads, Puna, Hawai i TMK: (3) 1-5-07: 061 Prepared For: Jerry A. Souza Prepared By: Sidney M. Fuke, Planning Consultant Planning Dept. October 2013 Exhibit , , STATE LAND USE BOUNDARY AMENDMENT APPLICATION (15 ACRES OR LESS) COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) PE'1T1'IONER: Jerry A. Souza PETITIONER'S SIGNATURE: tJ� DATE: 10/07/2013 ADDRESS: P.O. Box 356 P.. oa, / 96778 PETITIONER'S INTEREST IF NOT OWNER: TELEPHONE:(Bus.) (Res.) 345-0955 (Fax) LANDOWNER(S): Jerry A. Souza and Erlinda B Souza l• LANDOWNER SIGNATURE(S): 4.li.11 . S ATE: 10/07/2013 4 4 ay be by letter ADDRESS: P.O. Box 356 Pahoa, HI 96778 TAX MAP KEY: 1-5-007: 061 STREET ADDRESS OF PROPERTY: 15-447 Kahakai Blvd Pahoa, HI 96778 ZONING: A-la SIZE OF PROPERTY: 1.0 acre CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural REQUESTED STATE LAND USE DISTRICT CLASSIFICATION: Urban AGENT: Sidney M. Fuke ADDRESS: 100 Pauahi Street, Suite 212 Hilo, HI 96720 TELEPHONE:(Bus.) 969-1522 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney M. Fuke COPIES: Jerry A. Souza (See Instructions on Reverse Side) CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Jerry A. Souza ' APPLICANT'S SIGNATURE: - C ./ DATE: 10/07/2013 a I p ADDRESS: P.O. Box 356 Pah., HI 96778 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) 345-0955 (Fax) LANDOWNER(S): Jerry A. Souza and Erlinda B. Souza LANDOWNER SIGNATURE(S): .iLdhas...., e DATE: 10/07/2013 (May be by "I er) LANDOWNER(S)ADDRESS: P.O. Box 356 Pahoa, HI 96778 REQUEST: A-la TO CV-20 (Existing zoning) (Proposed Zoning) TAX MAP KEY: 1-5-007: 061 STREET ADDRESS OF PROPERTY: 15-447 Kahakai Blvd Pahoa, HI 96778 SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: 1.0 acre AGENT: Sidney M.Fuke,Planning Consultant ADDRESS: 100 Pauahi Street, Suite 212 Iilo, HI 96720 TELEPHONE:(Bus.) 969-1522 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Jerry A. Souza C i t • 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 quesfibn 3. a. How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? c. if your,request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you nave no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? No b. Sell or lease the land to someone who has tentative plans? No c. Sell or lease the land to someone who has no plans? No 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.. • Use an existing warehouse for food processingfaeiLity 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? A warehouse and a single-family dwelling. What do you intend to do with those buildings if your request is approved? Renovate the warehouse into a food processing facility. 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- 3• 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. The access road will be improved by the applicant 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. No,inasmuch as the site has been fully improved_ • Signature: � �-�C 11i41116„ 1. Address: 15-A 7 .t. ..'Blvd. Pahoa,HI 96778 Telephone: 936-0466 Date: April30,2013 -5- 6338A/50A P. D. 5/84 COUNTY ENVIRONMENTAL REPORT APPLICATIONS FOR STATE LAND USE BOUNDARY AMENDMENT (Agricultural to Urban) and COUNTY REZONING REQUEST (A-la to CV-20) JERRY SOUZA KEONOPOKO HOMESTEADS, PUNA, HAWAII TAX MAP KEY: (3) 1-5-007: 061 I. INTRODUCTION Jerry Santo (hereinafter "applicant") wishes to rezone a 1-acre parcel, identified by TMK: (3) 1-5-007: 061, into the Village Commercial (CV-20) district. The purpose of this request is to enable him to establish a commercial food processing facility within an existing warehouse. As the affected area is also situated within the State Land Use ("SLU") Agricultural district, the applicant is concurrently requesting it to be reclassified from the SLU Agricultural to the Urban district. II. PROJECT LOCATION The subject area, consisting of exactly 1.0 acre, is located on the south side of Kahakai Boulevard, with a street address of 15-447 Kahakai Boulevard. More specifically, the site is located directly across of the Kentucky Fried Chicken in the Woodland Center Shopping Center. The Pahoa Bypass Road (Highway) is situated immediately to its north. It is situated in the land division of Keonopoko Homesteads, Puna, and is identified by TMK: (3) 1-5-007: 061. (Figures 1 and 2). III. PROJECT DESCRIPTION A. Project Concept The applicant and his wife live on the subject property. Having suffered an industrial accident, the applicant has given up his towing business and, as a hobby, has and continues to make smoked sausages, meats, and fish for friends and domestic use within an existing 60' x 20' (1,200 square feet) warehouse. However, at the urging of his friends and family members and the need to supplement his income, the applicant wishes to now sell his processed goods commercially while continuing to live on the property. (Figure 3) Selling the goods commercially, however, requires the installation of a commercial kitchen which is not allowed in the A-1 a zone and SLU Agricultural District. As such, the applicant decided to apply for these land use entitlements. .. - ,• -- ) . _ _ , .. • ;.. ... . . . . . : . . • - :•. . . , • -• • • ....._• „ . . : . • • • • . . _ • '1. ‘ 'Big Island '•1/4\ , F1ntx0 iriC \Ifi Mi410.5115111 i ,S . l'41:-..1 Cinnese-Batheale - '• 14\•,\N .• \,,,,,,,,,,:, ..,....., ,,,,,.„. \, . ,.. ...- .. : .. .. . .,.,• \\''''''' ''''''''''`,-,_ • \ • SUBWAY , v, fi ,,,,.. ../i----------,......„ -_______ \'''\ • *iv,. . -....,,,,:_ a--1.-- S\ BLIEVET/ 119 ' 4in.1.,- ,,---' \\ • -u...B,.......- KFC \\ \ . . • •O'`...,49,,, -- \\ . \ ...,„ -,„.. .„ ., . , ...„. ..,, • , • ggik. ....- r. 0. • ''Pt SUBJECT SITE . . ... \\ ©2013 Microsoft Coq / • . i . . • - . . . . . • . . . • . ... . . •-.• • • FIGURE 1 . . . • - . • • `yy" �, ` I4. r".- •`�..- gat , yi . .__ E.9: T j1a c J� � � �'�- s f ?ate < � z a. `c a- f / / �_ - j f � $ j TJJf g y.,, r / , / / '''''' ' ,/ / i ' ' . . ... ,.,.,.,...... ,. ,,,a / /"./ ,. . ...c r� p `a Atilfroil ' ''. - .. i \ \ o j` � u ! .b d�4 its Y 4. '�: 2 te.&s b: 4-. 4` S °^r $ xC- c1 am" ' ' Y^ ` s . ... ;I. � ^1 .t%-7. .�,.. > m ,,za y u.w 0 tiZ 340° S 9-' ---o- 219.$7 0 0 hm p - LoT S'-"C- 1-00(7 "01cR1r ei et Co tr r • f )cISTIN DfQIYEtAJ 40 - -- ---- - . — - 1 if) J m C I d. N 1 0 t. .__,_. -13 , . Y cl Ex1s- 1140 M� 1L- rtousc- • car-�i'omT . -2o o X Go. y 5o.-a" / 'G 5'"1" 1 , -t�). �. 17,.1\CV:Piglet INS - < 2.1'-G"--tom - i' G C-: 6P L c■--20 + 0 P tO d J ,' s 4tO I G 0 a 3'41-1 -e--.2 1 9-57 o LY 7S6_a5 N LoT 13-c-2. • I' R0Fo5e2 R ZON 1N1a AGRI cu L,• ruRAL ( -Ic) To VILL l „rIV C- M MV Nc 'AL (pV-io) f7/7,,,,,,,, KEbNEI"otcb 1-tbbeI5STEAP? PUNA, HAV•lAII owNEri : tTCRRRY A- 5ouz.A 15- X 447 K H-A144t1 D -v o- • PAH-oA, HI _ 96778 TMI< : 3rD DIY. 1-5-07 • GI B. Project Timetable and Cost The applicant hopes to construct the commercial kitchen immediately upon approval of the SLU boundary amendment and County rezoning applications. The estimated cost of these improvements should not exceed $25,000, with most of the cost driven by the need for an upgraded wastewater system such as a septic tank system. IV. INSTITUTIONAL AND REGULATORY CONSIDERATIONS A. State Land Use The subject property is designated Agriculture. As such, a boundary amendment to cover the requested CV-20 zone is required and is being filed concurrently with the requested zone change application. Please note that initially, the applicant applied for a Home Occupation ("1-10") permit. While meeting the test for a HO permit, a Special Permit was still needed, as the site fell within the State Land Use Agricultural district. However, given the proximity of the site to other commercially zoned properties, the applicant elected to pursue the rezoning rather than the Special Permit route. As the requested area covers less than fifteen (15) acres, the County can process the request. Pursuant to the Planning Commission Rule No. 13, the request must meet certain standards. These standards and their justification follow: 1. Conformity to the County General Plan The project's relationship and conformity are demonstrated in Chapter IV-C below. 2. Relationship to State Land Use Urban District Standards The State Land Use Commission's Rules provide the standards for determining the Urban district boundaries (Section 15-15-18). Their relationships to this request are noted as follows: a. "City-Like" Characteristics A concentration of people, structures, streets, and rural/urban levels of services characterize this area. There are not only residences in this area, but there are major commercial activities fronting the subject property. The subject site is thus an extension of this urbanized and urbanizing land uses. 2 b. Factors of Urban Characteristics The site is proximate to centers of trading and employment. It is within an area where there are existing and planned commercial and residential uses. All of the related urban amenities and services such as school, parks, and protective services are also located less than two (2) miles from the site. As such, basic governmental and utility services are readily available to this area. This reclassification will not necessarily result in providing a sufficient urban reserve area for growth, as the applicant intends to utilize the property immediately for commercial uses. Further, the site represents more of an "in-filling" and as such, would not really be suitable for a growth reserve area. Actually, its approval and development could make fringe properties more suitable for reserves. c. Natural Hazards Topographically, the site is suitable for development. It does not have slopes in excess of 20 degrees. The site has no known unstable soil condition. There is no floodway affecting the site. It is outside of the tsunami zone and is not located within the high volcanic hazard area. It is located within Zone 2, comparable to the rest of Pahoa Village. Although within the highest seismic zone (Zone 4), all improvements will be designed to meet with the prevailing building code. The applicable code is predicated on zone 4. d. Contiguous to Urban Areas While not contiguous to an SLU Urban district, it is functionally contiguous. The subject site is separated from urban commercial uses by a common roadway. e. Relationship to County Growth Plans This site does not represent the creation of a new urban concentration, as the surrounding area is already an urban-like environment. The subject site is designated on the General Plan LUPAG map for Medium Density Urban uses. The requested Village Commercial(CV-20) zone is thus consistent with the General Plan. The project meets the goals and objectives of the Puna Community Development plan, as will be discussed in detail in Chapter IV D below. f. "Scatterization" Impact As the site conforms to the standards described earlier, this standard really does not apply. This applies to a situation where an amendment creates a potential "spot" zoning and thereby increases the need to extend public services at considerable taxpayers' expense. In this situation, the general area is already urban in character, and the subject site is contiguous to this developing area. Its development should thus not result in the expansion or extension of government services. g. Slope of Property • The site is fairly level. As such, the topography of the site does not render the site undevelopable or pose an extraordinary development risk. Accordingly, the development of this site would not be violative of the "more than 20% slope" standard. B. Hawaii State Plan Chapter 226, Hawaii Revised Statutes, outlines the long-range goals and policies of the Hawaii State Plan. Said Plan is intended to serve as a guide for the growth and future long-range development of the State. Pursuant to said requirement, a discussion of the pertinent policies and goals and the project's relationship follows: Goals • 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 generations • A desired physical environment characterized by beauty, cleanliness, quiet, stable and natural systems, and uniqueness that enhances the mental and physical well-being of the people 4 • Physical, social and economic well-being for individuals and families that nourishes a sense of community responsibility and caring of participation in family life. Discussion The proposed commercial kitchen project would achieve these goals. It would provide both (albeit a few) direct and indirect employment opportunities for current and future residents of the island; contribute to the island's overall tax base and hence, increase both State and County revenues; and complement and support other economic uses— particularly the surrounding commercial uses - and, in turn, contribute to the stability, diversity, and growth of local and regional economies. This employment opportunity would come without adversely affecting the environment. There is no known wildlife or plant life listed as either endangered or threatened on the subject site. Then, too, there are no known archaeological or cultural features on the site. If there are inadvertent finds, appropriate mitigative protocols will be taken. Impacts to the surrounding areas would also not be significantly adverse. All required infrastructures are or will be in place by the applicant prior to occupancy of any portion of the project. These include a possible upgrade to the wastewater and water systems. Furthermore, 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 or commercial properties. C. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the subject site and surrounding area Medium Density. Based on this designation, the General Plan allows consideration for"Village and neighborhood commercial and residential and related functions (3-story commercial; residential- up to 35 units per acre." The requested State Land Use and County zoning and planned uses would be consistent with the uses envisioned within the Medium Density area. As such, no General Plan amendment would be required to effectuate this project. The request would also be consistent with the General Plan goals, policies and objective. Specifically, the more pertinent ones follow: 5 • 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. Policies • 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. • 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. • The County shall encourage the development of a visitor industry which is consistent with the social, physical, and economic goals of the residents of the County. Land Use Element (Commercial) Goals • Provide for commercial developments that maximize convenience to its users. 6 • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. 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 met 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 developments Standards • Commercial developments shall be located in areas adequately served by transportation, utilities, and amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. • Off-street parking and loading facilities shall be provided. • Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. • Preference shall be given to commercial lands with a reasonably level topography. Discussion As the residential areas of Puna continue to grow, there will be a need to accommodate the various communities' commercial needs. Much of these needs are being provided outside of the Puna District. Having opportunities closer to the heart of the lower Puna district area should help reduce regional traffic congestion not only for workers but patrons who frequent these businesses. The subject site, in addition to attempting to meet this need, also fulfills other policies and standards articulated in the General Plan. The site is already and will be serviced by adequate infrastructure. The County water line is already available. Fire protective services are available within two miles of the site. Wastewater system meeting with the standards of the State Department of Health will, if needed, be provided by the applicant in conjunction with the development of the project. All other utilities are available to the site. As such, this development should not require additional public services to be provided. The site does not have any on-site developmental constraints. The land is relatively level, and there are no flood (Zone X) or other hazardous condition that would render the site a developmental problem and pose a burden to public agencies. Further, given the non-noxious type of use associated with the commercial kitchen, pollution concerns typically associated with heavy industry would be minimal, if at all. As the land has been cleared, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. Most of the subject area is devoid of its original vegetation. Then, too, while there may be a potential for some endemic birds to visit this area, the development of this site would not remove a critical habitat. At the same time, there are alternative areas that would be more suitable for any habitats. Likewise, due to the developed physical nature of this site, it is very unlikely that there may be any archaeological features left on the site. In the event there are some inadvertent archaeological finds, work will stop and the State DLNR and County Planning Department will be consulted before further activities occur within the affected area. The use is also compatible with the surrounding area. For the most part, properties adjacent to the subject site are residential and commercial. If needed, additional landscaping can be provided to help mitigate potential visual impacts of the project. As such, while the location of the requested area is proximate to a few residences, appropriate mitigation measures, if needed, can be taken. 8 • Finally, all additional structures built on the site will comply with the standards outlined in the Zoning Code—such as parking, loading zone, setback, height, etc. D. Puna Community Development Plan (CDP) Section 15.1 of the County General Plan called for the development and eventual County Council adoption of CDPs. The General Plan states that the CDP "will translate the broad General Plan statements to specific actions as they apply to specific geographical areas." The General Plan also notes that should the CDP require a General Plan amendment, it could be considered concurrent with the adoption of the CDP. However, "If there is a direct conflict between the Community Development Plan and the General Plan, the General Plan shall be controlling." (emphasis added) Pursuant to the above, the Puna CDP was developed and adopted by the Hawai'i County Council on August 27, 2008. It became effective on September 10, 2008 as Ordinance No. 08 116. The CDP identified a "Regional Town Center' for, among other areas, Pahoa town. The subject site is within or, at worst, on the fringe of the Regional Town Center area and generally contiguous to designated and/or zoned for commercial uses. Thus, the requested zoning is generally consistent with this land use emphasis. In addition to the map, the CDP established three (3) major themes: • Malama I Ka'Aina which "establishes how the contextual natural, historic and cultural features of Puna should be preserved." (emphasis added) • Growth Management which "addresses how the future pattern of human settlement and land use should be shaped to respect that context and support the desired quality of life for Puna's residents." (emphasis added) • Transportation which "focuses on sustainable approaches to transportation to support the goals of the two above themes." Relative to the Malama I Ka'Aina theme, four (4) major elements were identified and assigned goals, objectives, and actions. These elements and their relationship to the proposed action follow: 9 1. Historic, Cultural, and Scenic Resources The site has been entirely cleared of all vegetation and used as a residence. As such, it would appear that archaeological resources of this site are probably non-existent. Nonetheless, should there be inadvertent discoveries during the construction of this project, work will stop and contacts with the County Planning Department and State Historic Preservation Division will be made. 2. Native Forests and Geological Features Given the location of the property and the geological condition of the site, the goals and objectives of this element would not be applicable to the proposed project. The subject site is not part of any established native forest area, neither does it have any significant or unique geological features. 3. Aquifers, Coastal Waters and Stormwaters • The project site is not proximate to potable wells in this area. Notwithstanding that factor, the project will have a wastewater system that would comply with the State Department of Health's standards to assure adequate protection of any potential groundwater in this area. All storm water generated by the project would be retained on site through a system of drywells, if any are needed. In that event, these drywells will require the approval of the State Department of Health and through the NPDES permitting system, the objective of not only storm water containment but protection of groundwater will be fulfilled. Given the above, combined with the fact that the property is over 6 miles from the ocean, the goals and objectives of this element would be fulfilled. 4. Shoreline Area As the site is not a shoreline or coastal property, this element is not applicable. The other theme is Managing Growth. For this, six (6) elements were identified. These elements and their relationship to the project follow. io 1. Land Use Pattern The Implementation Section (Chapter 5) of the CDP identifies, among others, Regional Town Centers within which commercial areas are further identified. The subject site is immediately adjacent to the commercial areas. Although the site is not exactly within the commercial area, it should be noted that the recently amended Section 5.2.1 of the CDP focuses on the land use entitlement process as it relates to regional town centers and community village centers. Specifically, it states that "Future zone changes and State land use boundary amendments for the regional town centers and community village centers at Kea'au, Pahoa, and Hawaiian Paradise Park shall be consistent with the LUPAG map designations of the General Plan." (Emphasis added). In this situation, the subject site falls within the Medium Density designation of the General Plan LUPAG map. Furthermore, the amended provision of the last paragraph of Section 5.2.2 states that "The maps shown in this chapter are not meant to be precise or strictly interpreted, but rather as guidelines in the preparation of rezoning requests for areas within or adjacent to regional town centers, community village centers, or neighborhood village centers."(Emphasis added). Thus, in considering land use applications, the CDP does not mandate consideration of only those sites that fall exactly within designated regional, community, or neighborhood centers. The designated areas are to be used as guides, thus enabling land use applications to be considered in a much broader policy context. Given the above, this request is being evaluated against the articulated goals and objectives of the Managing Growth theme. The request would be consistent with the following Goals of the CDP: • Improves the quality of life and expands economic opportunity for Puna's residents. • Reduces the exposure to high risk from natural hazard situations. • Makes services and community facilities more accessible in village/town centers • Reduces overall number of buildable lots in Puna. In that regard, the proposed project is intended to be supportive of 11 the needs of the community. Having the project situated in this area provides the ability to concentrate commercial uses in a general location. It would allow for the eventual in-filling of the areas between the Pahoa By-Pass Highway and the old Kea'au- Pahoa Road. Hence, the project's location would not necessarily foster urban commercial sprawl. Additionally, the project would indirectly provide economic opportunity for Puna's residents. This project could eventually and indirectly yield much needed employment in this area. This site would be a convenient location not only for prospective employees but the community in general. 2. Agriculture and Economic Development The CDP identifies the following: Goals • Increase opportunities for diversified agriculture • Preserve lands for agricultural use • increase local market share of Puna agricultural products Objectives • Discourage urban growth and further subdivision on lands that have been identified as having agricultural value The subject site, while zoned Agriculture, has not been used for active agricultural purposes in the recent past. It has been used as a residence. As such, the proposed project should not have an adverse impact on the agriculture industry. It could actually be indirectly supportive of it through the provision of services to that industry. 3. Social Services and Housing As this is not a housing project, this section is not really applicable. Indirectly, however, by providing employment opportunities in an area that is proximate to lower Puna, the project would reduce commuting time and expenses. In that regard, it could afford employees and employers to devote more time to their families and the community. 12 4. Public Safety and Sanitation Services The subject site is located in an area where basic infrastructure is available or will, if needed, be made by the applicant. Access would not be taken from the Pahoa By-Pass but from the cross street (Kahakai Boulevard). 5. Parks and Recreation This section is not really applicable, as the project would have no direct impacts on parks. Nonetheless, there are existing park facilities in the villages of Kea'au and Pahoa. Then, too, the site is not listed for any future trails or park related uses. 6. Energy Sustainability The applicant may utilize solar and photovoltaic system to help with some of its power needs. Other means to reduce dependency or the conventional fuel source is being explored. The third theme-is Transportation. This theme identifies, as it pertains to the subject request, the following goals and objectives: Goats • Reduce percentage of residents who commute to employed outside of Puna Objectives • Provide more services and employment within Puna's village and town centers • Create new employment opportunities in Puna in order to reduce long commuting It also identifies five (5) elements. The project's relationship to these elements follows. 1. Traffic Demand Management The intended use will not generate much (if any) employee traffic, as the applicant and his wife will probably the only operators of this food processing business. The projected volume of sales and activity should also be quite low. Nevertheless, if there are more intensive commercial uses of the property, its location would help reduce the flow of both workers as well as residents requiring 13 certain services from traveling outside of the district. In that regard, it would definitely fulfill two of the major objectives of this theme. 2. Mass Transit This element is not really applicable. However, in the event bus stops are needed in this area, the applicant would be willing to consider an area within the property for this purpose. 3. Roadway Network Likewise, the objectives and policies of this element are not directly pertinent to the project. However, it should be noted that the project will not have a direct access to the heavily traveled Pahoa By-Pass Road. 4. Highways Access to the project will be from Kahakai Boulevard. The Pahoa By-Pass Road has a right-in movement as well as a dedicated left- turn leading into Kahakai Boulevard. From Kahakai Boulevard to the By-Pass, movements are limited to only right-turn out. 5. Non-Motorized Travel and Scenic Byways The subject site is not part of any proposed non-motorized travel area, such as a bikeway. There are also no known trails within the subject site. Accordingly, the project would not be incongruous with this element. The CDP also has a table (Table 5-1) that outlines general use and design criteria. Relative to the Regional Town Center and the subject request: a. The service area population is geared for 20,000 to 50,000 residents. As the applicant's business is really of the "mom and pop"variety, it should be noted that the project by its nature and location will also attract a wider population base; b. The subject site is 1 acre, which is less than 30+ acres. However, as the site is a part of other properties in the vicinity that are zoned commercial, it would help strengthen this regional commercial concept. c. There is very little design aspect to this project, as the applicant 14 intends to utilize an existing warehouse. However, in the event a new structure is constructed, the design aspects would be adhered to; d. No direct access to the main highway is being planned, let alone allowed. In summary, the requested CV zone is generally consistent with the Regional Town Center concept. While not falling exactly within the commercial areas, it is adjacent to it. In that regard, the CDP does not contain any mandatory language (such as "shall") that prohibits consideration of the requested use in this area. For example, the term "should" is used when the three themes are described. Then, too, the recent amendments to the CDP suggest that the land use pattern map be used as a guide. As noted earlier, the discussion on the project's relationship to the CDP was based on the themes and corresponding policies and objectives. And from that perspective, it is concluded that the requested commercial rezoning request would be generally consistent with and implement the applicable goals and objectives of the CDP. E. County Zoning The County zoning of the requested area is Agriculture (A-la). If the Village Commercial (CV-20) request were approved, at the appropriate time, all related land use and development codes such as building permit and the like would be complied with by the applicant. F. Special Management Area The subject site is not situated within the County Special Management , Area (SMA). However, as the entire island falls within the SMA, a general discussion of this project's relationship with the SMA objectives follows. 1. Recreational Resources The proposed improvements should not have any adverse impact to the recreational resources of the area. The property is not a coastal property, and there are intervening properties between the project site and the ocean. There is also no known access to the shoreline from this site. 15 2. Historical and Cultural Resources As the area of the proposed improvements has bears largely cleared and used as a residence, the prospects of finding any archaeological features on the subject site is fairly rei note. However, should there be any inadvertent finds during the further development of this project, work will immediately cease until clearance from the County Planning Department and/or SHPD is secured. Relative to cultural resources, the site of the requested area has been cleared. The applicant also notes that there have been no reported observation of any native Hawaiians gathering plants within or proximate to the subject site. As such, it would appear very unlikely that the site would serve such purpose today and/or in the recent past. In sum, given the disturbed nature of the area of the proposed activity, it can be reasonably concluded that this project would have no significant adverse impact relating to native Hawaiian cultural and historical resources and/or practices that cannot be otherwise mitigated. . 3. Scenic and Open Space Resources As noted earlier, the coastal view plane is not visible from the Highway in the area of the subject site. This is due in large part to the distance between the subject site and the shoreline. As such, this project should not adversely impact any scenic coastal resources. 4. Coastal Ecosystem The proposed improvements should not generate any adverse impacts to the area's coastal ecosystem. As there will be no new structure and related improvements, it is unlikely that a drywell would have to be installed. In the event one is needed, please note that during the course of securing the required Underground Injection Control (UIC) and NPDES permits, the project's impacts to the groundwater and nearshore waters will be evaluated and appropriate mitigative, if needed, actions will be taken. Further, the site is situated over 5 miles from the shoreline, and any direct interaction between the proposed use and the water 16 should be barely existent, if at all. Furthermore, the project's wastewater will be disposed off in a State Department of Health approved manner. 5. Economic Uses The project itself should have some significant indirect economic impacts, due to the possible long-term jobs— albeit fairly small -this project could potentially generate. The long- term indirect employment would come in the form of employees of the various businesses that need to provide the supplies and delivery. 6. Coastal Hazards The site is designated "X" on the Flood Insurance Rate map. Being at nearly the 800-foot elevation level, the site also falls outside of the Civil Defense Tsunami Evacuation Zone. As the site is not located adjacent to the shoreline and over 5 miles away, normal winter storm waters should not be an issue for this project. Based on the foregoing, it is concluded that the proposed improvements are consistent with the objectives, policies and guidelines of the Special Management Area Rules and Regulations. Specifically: A. 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 is clearly outweighed by public health, safety and welfare, and other compelling public interest. Further, it will not generate any adverse effects by themselves or in conjunction with other individual developments, the potential cumulative impacts of which would result in a substantial adverse environmental or ecological effect and the elimination of planning options. Appropriate mitigative measures will be taken to address any potential adverse impacts of this project; B. The proposed activities - as discussed earlier- are consistent with the objectives, policies, and guidelines of the SMA Rules and Regulations; and 17 C. The proposed activities are consistent with the County General Plan and County Zoning Code, as noted in Chapter VIII A-2 of this document. G. Other Permitting Considerations Other construction-related permits may be required in the future. These would be of the"ministerial" variety, such as building permit, grading permit, and the like. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The subject site is slightly rectangular in shape, with a width of 198+ feet and a length of 219+ feet. The site is fairly level with no significant undulations. The site has been used essentially as a residence. As such, there is a single-family dwelling and a warehouse on the subject property, as well as lawn, some citrus trees, and other non-native landscaping. The property fronts Kahakai Boulevard at its intersection with the Pahoa By-Pass Road. There is a shopping complex located directly across of the subject property also fronting Kahakai Boulevard. B. Climate, Soil and Topography At approximately the 800-foot elevation level, the site is located about 6 miles from the ocean. The average annual rainfall is 140 inches. The average annual temperature ranges between 72 to 80 degrees Fahrenheit, with occasional higher and lower ranges during certain periods such as summer or winter months. The prevailing wind patterns in the area are often light and variable, dominated by tradewinds (easterly) during the day and westerly or mountain winds during the evenings. The Land Study Bureau Overall Master Productivity Rating of this area is E(E306) or very poor. This designation suggests that the site has very poor potential for agricultural productivity. Further, this type of soil is characterized by almost bare pahoehoe, with very little soil material. The parent material is pahoehoe, and it is moderately drained. It is unsuited for machine tillability. 18 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. C. Natural Hazards 1. Drainage The Federal Flood Insurance Rate Map (FIRM) identifies the subject site to be within Zone X (areas outside of 500-year flood). There are no existing drainage ways on the site. 2. Tsunami Hazard Given its elevation (800+/-feet) and distance from the nearest shoreline (6+/- miles), it is located outside of the Civil Defense's Tsunami Evacuation Zone. Thus, there should be little or no threat from high waves. 3. Volcanic and Earthquake Hazards According to the United States Geological Survey maps, the project site is located within Lava Flow Hazard Zone 2, on a scale of ascending risks 9 to 1. The entire City of Hilo falls in the Zone 3 category. There is very little that can be done to protect structures and improvements on the site from lava flows. Like all residents, the reliance would be on the evacuation system provided by the County. The Building Code designates the entire island of Hawaii Earthquake Zone 4 and contains certain structural requirements to address the relative seismic hazard. These will be complied with in conjunction with the construction of any new structure on the site. D. Fauna Resources Although there was no professional survey conducted of the faunal resources of the site, the applicant does not believe that rare or endangered faunal resources are likely to be found within or proximate to the subject site. This is due to the already developed state of the subject area and its immediate surrounding area. Nonetheless, due to the semi-developed state of this area, the faunal resources should be somewhat typical of other developed 19 areas. One may thus find bird species such as the Spotted Dove, Japanese White-eye, House Finch, Common Myna, and the like. Domestic animals such as cats and dogs, and other animals like rats and mongoose are also common. None of these are endangered animals. As such, it is unlikely that the development of this property would cause any adverse faunal impacts. E. Flora Resources Similarly, no commissioned botanical survey was done of the subject site. Vegetation of the site consists of a lawn and other landscaping, such as ferns, ti, some fruit and citrus trees, and the like. There are scattered ohia trees near the rear of the subject site. These alien or introduced plants can also be found in similar areas in the Pahoa area. None of these were considered threatened or endangered by the US Fish and Wildlife Service. Thus, it can be reasonably argued that development of this area is not expected to have a significant negative impact on the botanical resources. F. Archaeological Resources As the site was and continues to be used as a residence, an archaeological inventory survey of the subject site was not performed. A letter requesting a determination of"no historic properties affected" from the Department of Land and Natural Resources will be submitted together with this application. Notwithstanding the above, during the course of improving the site, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicant will immediately notify the Planning Department. G. Valued Cultural Resources The recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina"decisions require decision-makers to consider a project's impact to native Hawaiian gathering and fishing rights. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated traditional and customary practices of this site and the impact of this project to these resources and practices. In this situation, the subject site is not adjacent and/or proximate to 20 the shoreline. As such, fishing and coastal access is not an issue. Furthermore, as noted in the floral and faunal analysis, there are no known rare or endangered plants or animal life. The applicant has not observed any native Hawaiians gathering plants within or proximate to the subject site. As such, it would appear very unlikely that the site would serve such purpose today and/or in the recent past. Nonetheless, if legitimate claims are made, the applicant will make the appropriate access accommodations. Furthermore, in the event inadvertent discoveries are made while improving the site, appropriate protocols will be taken. These include stopping work and making contacts and determining appropriate courses of action with the State Historic Preservation Division. Based on the above, it does not appear that the project would have any potential adverse impacts relating to native Hawaiian cultural and historical resources and/or practices. H. Water and Coastal.Resources The subject site is located about 6 miles from the coastline. As such, coastal impacts resulting from discharge of drainage systems from the site should not be significant. Being a non-coastal property, no coastal access will be affected. Any expanded use of the property will comply with the requirements of the State Department of Health relative to wastewater systems. This may include the installation of a septic system. In that event, there should be further protection of the groundwater or nearshore water impacts resulting from this project. Noise, Air Quality, and Dust Generally, air quality is affected by regional and local climates as well as the amount and type of human activity in a given location. No large, stationery sources of air pollutants and no major industries are located within the project area. Air quality in the vicinity is most affected by emissions from natural and vehicular sources. Existing ambient noise in this area includes wind, foliage and traffic along the existing streets, particularly the Pahoa By-Pass Highway 21 and Kahakai Boulevard.. Although the project may 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. If there is any new construction, there may be short-term noise impacts during the construction phase. To mitigate this impact, all construction activity 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. J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as scenic resources. The subject site is not listed as a scenic site. From Kahakai Boulevard, the subject site would not impede the view of Mauna Kea, Mauna Loa or any of the identified scenic resources. Notwithstanding those circumstances, the height of any new structure would be no taller than 40 feet, the maximum allowed within the commercial neighborhoode zone. It should be noted that the present agricultural zoning is much higher at 45 feet. Hence, the rezoning would result in lowering the height limit. VL SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The surrounding land uses in this area are a mixture of residential and rural-residential sized lots and commercial uses. There is a commercial complex directly across of the subject site. Hence, the 22 requested use would be compatible with the evolving land use pattern in this area. There is no active agricultural activity on the property or even on the adjoining properties. Given the existing and zoned conditions, the proposed CV zoning would not be incongruous with the existing mixture of commercial/residential pattern of this area. B. Economic Impacts The requested zoning would not have any significant direct economic impact, as it is intended to be more self-sustaining for the applicant. However, there would be indirect impacts resulting from the need to have meat, poultry and pork provided by local suppliers. C. Agricultural Impacts As noted earlier, the site and surrounding area have not been intensively used for agriculture in the recent past. Given its soil classification of"E", intensive agricultural activity may be absent here. Nevertheless, the limited type of agricultural activity would be more in the nature of citrus and similar type of crops, which now occur on the site. The limited agricultural activity should thus continue. VII. INFRASTRUCTURE CONSIDERATIONS A. Road Access to the project site is from the County-owned and maintained Kahakai Boulevard. This road has a right-of-way of 50+ feet with a pavement width of about 20+feet. There is a curb, gutter, and sidewalk section fronting the commercial center, located directly across of the subject site. If approved, the applicant is prepared to set aside the additional right-of-way and construct a curb, gutter, and sidewalk section IN CONJUNCTION WITH THE CONSTRUCTION OF A NEW COMMERCIAL STRUCTURE OR A USE OTHER THAN THE INTENDED COMMERCIAL KITCHEN FACILITY. B. Water There is an existing 8-inch County water line fronting the property along Kahakai Boulevard. Additional potable water to the site is thus available. 23 C. Wastewater There is a cesspool that currently services the existing dwelling. In the event a new system, such as a septic system, is required to accommodate the proposed commercial kitchen, the applicant will provide it. D. So!:d Waste Solid waste will be handled, as is currently, by the respective landowner. The wastes are being deposited into the authorized landfill site in Hilo. There is in intention of having toxic or related chemical waste associated with the proposed use. E. Other Government Services As this area is already part of the Pahoa Village, it is already being serviced. No extension of government services would be required. The nearest fire station is located in Pahoa Village, less than 2 miles from the subject site. Similarly, the Police Station is located in the Village. Public school (K-12) is available at the Pahoa High School complex also approximately 2 miles from the subject site. There is a County park in Pahoa Village. As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. F. Other Utilities All other utilities such as telephone, cable, and electrical services are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity If the request were denied, the short-term use of the site would probably continue to be used residentially and in very, very low level agriculture activity. The use of pesticides and herbicides to support the agricultural activity may be a nuisance to the surrounding residential and commercial properties. From a long-term productivity standpoint, then, the proposed CV-20 24 zoning with its "home occupation"flavor would not have any significant impact on the environment or existing mixture of residential/commercial uses. B. Irreversible and Irretrievable Commitment of Resources As the site has been relatively disturbed in the past, it is not likely that its development would result in an irreversible commitment of natural or archaeological resources. Since the soil on the parcel has been classified "E" or very poor by the Land Study Bureau, there is little potential for agricultural activity. The residential use of this area should thus not compromise any agricultural or cultural resources. Further, it is not likely that the site has any significant archaeological features. This is evidenced by the prior grading and existing residential use of the site. Again, if needed, a monitoring program can be conducted during any land disturbance activity. C. Mitigative Measures The applicant does not believe that further infrastructure improvements are needed for this rezoning. However, if required, the applicant would comply. In that event, during the construction phase, contractors will be obligated to comply with appropriate State noise and air quality standards. Should unanticipated archaeological finds be discovered in conjunction with any further development of the site, work will stop (as is required by the State and County) and clearance secured before work is resumed. There are no drainage ways on the property. As such, should there be a need for land disturbance activity, any and all required grading or grubbing work will be done in conjunction with the required permits. This is to assure that the land disturbance activity of this site does not adversely affect the drainage of surrounding properties. Finally, there will be no person or businesses to be dislocated by this project. D. Alternatives to the Proposed Project 1. No Project 25 Under the status quo alternative, the site could continue in its residential state. However, it would not address the need to enable one to have supplemental income through a legitimate commercial venture that has a home occupation flavor, all the while not providing any significant burden to the public from an infrastructural perspective. Further, given the evolving commercial uses in this area, the retention of this site in the A-la zoning may not be consistent with that evolving land use pattern. 2. Alternative Density, Under this alternative, the applicant could seek a more intensive residential rezoning, such as RS-7.5 or a RM zoning. Those zoning categories would arguably be just as consistent with the requested CV-20 zoning, particularly as the CV zoning allows either single or multiple family residential uses. However, the residential zoning would limit the applicant to only those uses and not enable him to have added self sufficiency via a commercial venture. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not be significant. If required, certain mitigative measures could be taken to address any possible impacts associated by the possible addition of another or new commercial structure on the subject property. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map and the Puna Community Development Plan. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested CV-20 alternative. • 26 § 25-5-120 HAWAI`I COUNTY CODE Division 12. CV,Village Commercial Districts. Section 25-5-120. Purpose and applicability. The CV (village commercial) district provides for a broad range or variety of commercial and light industrial uses that are necessary to serve the population in rural areas where the supplementary support of the general business uses and activities of a central commercial district is not readily available. (1996, Ord.No. 96-160,sec. 2;ratified April 6, 1999.) Section 25-5-121. Designation of CV districts. Each CV (village commercial) district shall be designated by the symbol "CV" followed by a number which indicates the minimum land area, in number of thousands of square feet,required for each building site. (1996, Ord.No. 96-160,sec. 2;ratified April 6, 1 999.) Section 25-5-122. Permitted uses. (a) The following uses shall be permitted in the CV district: (1) Adult day care homes. (2) Amusement and recreation facilities, indoor. (3) Art galleries,museums. (4) Automobile sales and rentals. (5) Automobile service stations. (6) Bars. (7) Bed and breakfast establishments, as permitted under section 25-4-7. (8) Boarding facilities, rooming, or lodging houses, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (9) Business services. (10) Cemeteries and mausoleums,as permitted under chapter 6, article 1 of this Code. (11) Churches,temples and synagogues. (12) Commercial parking lots and garages. (13) Community buildings,as permitted under section 25-4-11. (14) Convenience stores. (15) Crop production. (16) Day care centers. (17) Dwellings, double-family or duplex,provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (18) Dwellings, multiple-family,provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (19) Dwellings,single-family. (20) Family child care homes. (21) Farmers markets. When the vending activity in a farmers market involves more than just the sale of local fresh and/or raw produce, plant life, fish and local homegrown and homemade products for more than two days a week,the director, at the time of plan approval, shall restrict the hours of use, maintenance and operations and may require improvements as determined appropriate to ensure its compatibility with the existing character of the surrounding area. (22) Financial institutions. (23) Group living facilities. (24) Home occupations, as permitted under section 25-4-13. Planning Dept. 25-74 Exhibit ZONING § 25-5-122 (25) Hospitals, sanitariums, old age,convalescent,nursing and rest homes and other similar uses. (26) Hotels,when the design and use conform to the character of the area, as approved by the director. (27) Laboratories,medical and research. (28) Lodges. (29) Manufacturing,processing and packaging light and general, except for concrete or asphalt products, where the products are distributed to retail establishments located in the immediate community, as approved by the director. (30) Medical clinics. (31) Meeting facilities. (32) Model homes, as permitted under section 25-4-8. (33) Mortuaries. (34) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (35) Offices. (36) Personal services. (37) Photography studios. (38) Public uses and structures, as permitted under section 25-4-11. (39) Publishing plants for newspapers, books and magazines, printing shops, cartographing, and duplicating processes such as blueprinting or photostating shops, which are designed to primarily serve the local area. (40) Repair establishments, major, when there are not more than five employees, as approved by the director. (41) Repair establishments, minor. (42) Restaurants. (43) Retail establishments. (44) Schools. (45) Telecommunication antennas,as permitted under section 25-4-12. (46) Temporary real estate offices,as permitted under section 25-4-8. (47) Theaters. (48) Utility substations,as permitted under section 25-4-11. (b) In addition to those uses permitted under subsection(a)above,the following uses may be permitted in the CV district,provided that a use permit is issued for each use: (1) Crematoriums. (2) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses. (3) Major outdoor amusement and recreation facilities. (4) Yacht harbors and boating facilities. (c) Residential uses in connection with the operation of any permitted uses shall be permitted in the CV district. (d) Buildings and uses similar to the permitted uses listed in subsection (a) above shall be permitted in the CV district, as approved by the director. (e) Buildings and uses normally considered accessory to the uses permitted in this section shall also be permitted in the CV district. (1996, Ord.No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-123. Height limit. The height limit in the CV district shall be thirty feet. (1996, Ord.No. 96-160, sec. 2;ratified April 6, 1999.) 25-75 § 25-5-124 HAWAII COUNTY CODE Section 25-5-124. Minimum building site area. The minimum building site area in the CV district shall be seven thousand five hundred square feet. (1996, Ord.No. 96-160,sec. 2;ratified April 6, 1999.) Section 25-5-125. Minimum building site average width. Each building site in the CV district shall have a minimum building site average width of sixty feet. (1996, Ord. No. 96-160,sec. 2;ratified April 6, 1999.) Section 25-5-126. Minimum yards. The minimum yards in the CV district shall be as follows: (1) Front or rear yards, fifteen feet; and (2) Side yards, none, except where the adjoining building site is in an RS, RD, RM or RCX district. Where the side yard adjoins the side yard of a building site in an RS,RD,RM or RCX district,there shall be a side yard which conforms to the side yard requirements for dwelling use of the adjoining district. (1996, Ord. No. 96-160,sec. 2;ratified April 6, 1999.) Section 25-5-127. Landscaping of yards. (a) All front yards in the CV district shall be landscaped, except for necessary access drives and walkways, and except for the construction of one single-family dwelling and accessory buildings per lot. (b) Where any required side or rear yard in the CV district adjoins a building site in an RS, RD, RM or RCX district,the side or rear yard shall be landscaped with a screening hedge not less than forty-two inches in height,within five feet of the property line, except for necessary drives and walkways, and except for the construction of one single-family dwelling and accessory buildings per lot. (1996,Ord.No. 96-160,sec. 2;ratified April 6, 1999; Am. 2005, Ord.No. 05-155,sec. 14.) Section 25-5-128. Other regulations. (a) Plan approval shall be required for all new structures and additions to existing structures in the CV district,except for construction of one single-family dwelling and any accessory buildings per lot. (b) Exceptions to the regulations for the CV district regarding heights, building site areas, building site average widths and yards,may be approved by the director within a planned unit development. (1996, Ord.No. 96-160, sec. 2;ratified April 6, 1999; Am. 2005,Ord.No. 05-155,sec. 15.) Division 13. MCX,Industrial-Commercial Mixed Districts. Section 25- 30. Purpose and applicability. The purpose ; the MCX(industrial-commercial mixed use)district is ; allow mixing of some industrial uses with commercia -s. The intent of this district is to provid- .r areas of diversified businesses and employment opportunities b :-rmitting a broad range of uses ,rthout exposing nonindustrial uses to unsafe and unhealthy environments. This •' . 'ct is intended to •-.mote and maintain a viable mix of light industrial and commercial uses. (1996, Ord.No. 96-160,sec. 2;ratified April '9.) Section 25-5-131. Designation i CX districts. Each MCX (industrial--.mmercial mixed use) district s' . be designated by the symbol "MCX" followed by a number - ch indicates the minimum land area, in numbe thousands of square feet, required for each building s' . (1996, Ord. ► .. '6-160,sec. 2;ratified April 6, 1999.) SUPP. 1 (1-2006) 25-76 • =LA UUl fi DEPAR T E 1DEPARTMENT OF PUBLIC WORKS cs HIM! COUNTY OF HAWAII HILO, HAWAII 2013 DEC -5 PM 1= 01 DATE: December 4, 2013 e k TO: Duane Kanuha, Planning Director FROM: eVa. Department of Public Works, Engineering Division SUBJECT: STATE LAND USE BOUNDARY AMENDMENT APP. (SLU 13-000039) Request: Agricultural to Urban CHANGE OF ZONE APPLICATION (REZ 13-000171) Request: A-1 a to CV-20 Applicant: Jerry Souza Tax Map Key: 1-5-07: 061 We have reviewed the subject application forwarded by your memo dated November 13, 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 that is not mapped by the Federal Emergency Management Agency and is identified as an area of"minimal tsunami inundation." The parcel, at elevation 610 feet, is designated as Zone X (an area determined to be outside the 500-year floodplain). The Federal Government and the County of Hawaii do not have any regulations for developments within areas of minimal tsunami inundation and Zone X. The General Plan classifies Kahakai Boulevard as a collector with an existing right-of-way width of approximately 50 feet fronting the subject parcel. Based on the proposed zoning, we recommend the applicant provide improvements to the subject parcel's entire Kahakai Boulevard frontage consisting of,but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. The improvements shall be located within any 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. Questions may be referred to Kelly Gomes at ext. 832f Tanning Dept. SCANNED Exhibit 3 orrc __ By: b8gga9 County of Hawaii is an Eaual Onnortunitv Provider and F.mnInver r OF"WATER,, Qr �`t• •'0G i DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII y�Y�FF1AWp��rp 345 KEKUANAO`A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 `°,� , , C December 5, 2013 a rn Y'b N TO: Mr. Duane Kanuha, Director o -" Planning Department "' FROM: Quirino Antonio, Jr., Manager-Chief Engineer SUBJECT: STATE LAND USE BOUNDARY AMENDMENT (SLU 13-000039) CHANGE OF ZONE APPLICATION (REZ 13-000171) APPLICANT—JERRY SOUZA REQUEST: A-la TO CV-10 TAX MAP KEY 1-5-007:061 We have reviewed the subject applications and have the following comments and conditions: 1. There are existing 8-inch and 12-inch waterlines within Kahakai Boulevard fronting the subject parcel. There is an existing 5/8-inch meter serving the parcel, which is limited to an average daily usage of 400 gallons. 2. Prior to effecting a water commitment for the subject application,the applicant must submit estimated maximum daily water usage calculations,prepared by a professional engineer licensed in the State of Hawai`i, for review and approval. The water usage calculations should include the total estimated maximum daily water usage (in gallons per day) and the estimated peak flow(in gallons per minute). Based on the water usage calculations provided,we will determine if water can be made available. If the applicant's estimated water usage is beyond what our current water availability conditions can provide, extensive improvements will be required, which may include, but not be limited to, additional source, storage, and booster pump facilities. 3. The proposed land use will require the installation of a reduced pressure type backflow prevention assembly, within five (5) feet of the meter on private property, for any meter serving the proposed development. The installation of the backflow prevention assembly(s) must be inspected and approved by our department before water service can be activated. 4. Subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development,the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Planning Dept. SCANNED Exhibit . . .Mater, Our Most Precious resource . . . Ka Wai 9 bane. . . OS-819 By: The Department of Water Supply is an Equal Opportunity provider and employer. Mr. Duane Kanuha, Director Page 2 December 5, 2013 Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. Sincerely yours, Quir' o Antonio, Jr., P.E. M ger-Chief Engineer RQ:dfg copy—Mr. Jerry Souza Mr. Sidney M. Fuke, Planning Consultant +tY OF h,��Y William P.Kenoi `r I;�.�''.`. Harry S.Kubojiri �I.� Police Chief Mayor .;! /� • ; PLANNING DEPARTMENT ' COt RITY ='"F HAWAII 200 5 p�{ . PH . 13 Paul Deputy KPoFerrelice Chief County of Hawai' POLICE DEPARTMENT 349 Kapi`olani Street • Hilo,Hawaii 96720-3998 (808)935-3311 • Fax(808)961-2389 November 22, 2013 TO : DUANE NUHA, P NNING DIRECTOR FROM : HN Y . TO E , , SSISTANT POLICE CHIEF ARE I PERATIO S BUREAU SUBJECT: STATE LAND USE BOUNDARY AMENDMENT (SLU 13-000039) REQUEST: AGRICULTURAL TO URBAN CHANGE OF ZONE APPLICATION (REZ 13-000171) REQUEST: A-1A TO CV-20 APPLICANT: JERRY SOUZA TAX MAP KEY: 1-5-007:061 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 you have any questions, please contact Captain Samuel Jelsma, Puna Patrol, at 965- 2716. SJ:IIi 130771 SCANNED Planning Dept. Exhibit 3 y•. "Hawaii County is an Equal Opportunity Provider and Employer" _ t11 ar Nq .. 1 Darren J. Rosario Af t.F� 51 p �!"ta';-� 9k�kT° 1t Fire Chief . ' Renwick J.Victorino 5 RA 2" Deputy Fire Chief County of Jatuai`i HAWAI'I FIRE DEPARTMENT 25 Aupuni Street • Room 2501 • Hilo,Hawaii 96720 (808)932-2900 • Fax(808)932-2928 November 25, 2013 TO: DUANE KANUHA, PLANNING DIRECTOR FROM: DARREN J. ROSARIO, FIRE CHIEF SUBJECT: STATE LAND USE BOUNDARY AMENDMENT(SLU 13-000039) REQUEST: AGRICULTURAL TO URBAN CHANGE OF ZONE APPLICATION(REZ 13-000171) REQUEST: A-la to CV-20 APPLICANT: JERRY SOUZA TMK: 44-002.832 /-5-7:6/ In regards to the above-mentioned Special Permit application the following shall be in accordance: NFPA 1, UNIFORM FIRE CODE, 2006 EDITION Note: NFPA 1, Hawaii State Fire Code with County amendments. County amendments are identified with a preceding "C-j" of the reference code. Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including, but not limited to, additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. ��AWAr' 18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall t , be submitted to the fire department for review and approval prior to construction. 'ice �RED4.r' Planning Dept. Exhibit ,6 Hawai'i County is an Equal Opportunity Provider and Employer. 0 8 8 8 5 8 Duane Kanuha November 25,2013 Page 2 C- 18.1.1.2.1 Fire Hydrant use and Restrictions. No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department, or company that owns or governs that water supply or system. Exception: Fire Department personnel conducting firefighting operations,hydrant testing, and/or maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2* Access to Structures or Areas. 18.2.2.1 Access Box(es). The AHJ shall have the authority to require an access box(es)to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments. The AHJ shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access Maintenance. The owner or occupant of a structure or area, with required fire department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads. (*may be referred as FDAR) 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility, building,or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes, parking lots lanes, or a combination thereof. 18.2.3.1.3* When not more than two one- and two-family dwellings or private arages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft (37 m ) or less are present, the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. Duane Kanuha November 25, 2013 Page 3 18.2.3.1.4 When fire department access roads cannot be installed due to location on property, topography, waterways, nonnegotiable grades, or other similar conditions, the AHJ shall be authorized to require additional fire protection features. 18.2.3.2 Access to Building. 18.2.3.2.1 A fire department access road shall extend to within in 50 ft (15 m) of at least one exterior door that can be opened from the outside that provides access to the interior of the building. Exception: 1 and 2 single-family dwellings. 18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.1 shall be permitted to be increased to 300 feet. 18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft (46 m) from fire department access roads as measured by an approved route around the exterior of the building or facility. 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.2 shall be permitted to be increased to 450 it (137 m). 18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided when it is determined by the AHJ that access by a single road could be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access. 18.2.3.4 Specifications. 18.2.3.4.1 Dimensions. C- 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than 20 feet wide within 150 feet of the structure being protected. An approved turn around area shall be provided if the FDAR exceeds 250 feet. C- 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in. C- 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ, provided such increase or reduction does not impair access by the fire apparatus, and approved signs are installed and maintained indicating such approved changes. Duane Kanuha November 25,2013 Page 4 18.23.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not adequate to accommodate fire apparatus. C- 18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and maintained to support the imposed loads(25 Tons)of the fire apparatus. Such FDAR and shall be comprised of an all-weather driving surface. 18.2.3.4.3 Turning Radius. C- 18.23.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30 feet, and a minimum outside turning radius of 60 feet. 18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width. 18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft(46 m) in length shall be provided with approved provisions for the fire apparatus to turn around. 18.2.3.4.5 Bridges. 18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall be constructed and maintained in accordance with county requirements. 18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. 18.23.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the AHJ. 18.2.3.4.6 Grade. C- 18.2.3.4.6.1 The maximum gradient of a Fire department access road shall not exceed 12 percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a Fire apparatus would connect to a Fire hydrant or Fire Department Connection, the maximum gradient of such area(s)shall not exceed 10 percent. 18.2.3.4.6.2*The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft (0.3 m drop in 6 m) or the design limitations of the fire apparatus of the fire department, and shall be subject to approval by the AHJ. Duane Kanuha November 25, 2013 Page 5 18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb cuts extending at least 2 ft (0.61 m)beyond each edge of the fire lane. 18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall be approved the AHJ. 18.2.3.5 Marking of Fire Apparatus Access Road. 18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be provided and maintained to identify fire department access roads or to prohibit the obstruction thereof of both. 18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane. 18.2.4* Obstruction and Control of Fire Department Access Road. 18.2.4.1 General 18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any manner, including by the parking of vehicles. 18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained at all times. 18.2.4.1.3*Facilities and structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles. 18.2.4.2 Closure of Accessways. 18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads, trails, or other accessways not including public streets, alleys, or highways. 18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner. Duane Kanuha November 25,2013 Page 6 18.2.4.2.3 Roads,trails, and other accessways that have been closed and obstructed in the manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and the AHJ. 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. 18.2.4.2.5 Locks, gates, doors,barricades, chains, enclosures, signs,tags, or seals that have been installed by the fire department or by its order or under its control shall not be removed,unlocked, destroyed, tampered with, or otherwise vandalized in any manner. 18.3 Water Supplies and Fire Hydrants 18.3.1* A water supply approved by the county, capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities or buildings, or portions thereof, are hereafter constructed, or moved into or within the county. When any portion of the facility or building is in excess of 150 feet (45 720 mm) from a water supply on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the AHJ. For on-site fire hydrant requirements see section 18.3.3. EXCEPTIONS: 1. When facilities or buildings, or portions thereof are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 maybe modified by the AHJ. 2. When water supply requirements cannot be installed due to topography or other conditions,the AHJ may require additional fire protection as specified in section 18.3.2 as amended in the code. 3. When there are not more than two dwellings, or two private garage, carports, sheds and agricultural. Occupancies,the requirements of section 18.3.1 maybe modified by AHJ. 18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3*The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both, in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. Duane Kanuha November 25, 2013 Page 7 18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25 or county requirements as determined by the AHJ. 18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected unless located within a public right of way. 18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval, testing, and maintenance, in accordance with the respective county water requirements. Records shall be made available for review by the AHJ upon request. C- 18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for Firefighting. Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections(FDC)to alternative water supplies shall comply with 18.3.8 (1)-(6) of this code. NOTE: In that water catchment systems are being used as a means of water supply for firefighting, such systems shall meet the following requirements: (1) In that a single water tank is used for both domestic and firefighting water, the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; Duane Kanuha November 25,2013 Page 8 (2)Minimum pipe diameter sizes from the water supply to the Fire Department Connection(FDC) shall be as follows: (a)4"for C900 PVC pipe; (b)4" for C906 PE pipe; (c) 3"for ductile Iron; (d) 3' for galvanized steel. (3)The Fire Department Connection(FDC) shall: (a)be made of galvanized steel; (b)have a gated valve with 2-1/2 inch, National Standard Thread male fitting and cap; (c)be located between 8 ft and 16 ft from the Fire department access. The location shall be approved by the AHJ; (d)not be located less than 24 inches, and no higher than 36 inches from finish grade, as measured from the center of the FDC orifice; (e)be secure and capable of withstanding drafting operations. Engineered stamped plans may be required; (f) not be located more than 150 feet of the most remote part,but not less than 20 feet, of the structure being protected; (g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code; (4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second FDC. Each FDC shall be independent of each other, with each FDC being capable of flowing 500gpm by engineered design standards. The second FDC shall be located in an area approved by the AHJ with the idea of multiple Fire apparatus' conducting drafting operations at once, in mind. (5)Inspection and maintenance shall be in accordance to NFPA 25. (6)The owner or lessee of the property shall be responsible for maintaining the water level, quality, and appurtenances of the system. EXCEPTIONS TO SECTION 18.3.8: (1)Agricultural buildings, storage sheds, and shade houses with no combustible or equipment storage. (2)Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. (3)For one and two family dwellings, agricultural buildings, storage sheds, and detached garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 1000 feet. (4) For one and two family dwellings, agricultural buildings, and storage sheds Duane Kanuha November 25,2013 Page 9 greater than 2000square feet, but less than 3000 square feet and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 500 feet. (5) For buildings with an approved automatic sprinkler system, the minimum water supply required may be modified. If there are any questions regarding these requirements, please contact the Fire Prevention Bureau at (808) 932-2911. ao, DARREN J. ROSARIO Fire Chief GA/lc YO^i i eP+C. k < G f EPART TENT William P.Kenoi - . , �' +'j'• it BJLeithead Todd Mayor Director Walter K.M.Lau $'' - John A.Medeiros Managing Director •- Deputy Director (gaunt of Azzinat I DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao'a Street,Suite B • Hilo,Hawar i 96720 (808)961-8083 •Fax(808)961-8086 http://www.hawaiicounty•gov/environmental-management/ A MEMORANDUM Date : November 26,2013 To : DUANE KANUHA,Planning Director From: BJ LEITIiEAD TODD,Director 4k7 Subject: State Land Use Boundary Amendment(SLU 13-000039) Request: Agricultural to Urban Change of Zone Application(REZ 13-000171) Request: A-la to CV-20 Applicant: Jerry Souza TMK: 1-5-007:061 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.) ()< ) No comments ( ) Commercial operations, State and Federal agencies,religious entities and non-profit organizations may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( ) Ample and equal room should be provided for rubbish and recycling. ( ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations,or other suitable diversion programs. ( ) Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other. Planning Dept. SCANNED x i ay: �ifs § fb 9 County of Hawaii is an Equal Opportunity Provider and Employer. William P.Kenoi -'.*�� */, . • BJ Leithead Todd Mayor •\ • --- "s - Director • ` l: Walter K.M.Lau a'N� ►`` l 3 DEC n A.Medeiros _ Managing Director Deputy Director County of Hawai i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 KekuanaO'a,Suite B • Hilo,Hawa►i 96720 (808)961-8083 •Fax(808)961-8086 http://hawaiicounty.gov/environmental-management/ MEMORANDUM Date : November 26,2013 To : DUANE KANUHA,Planning Director From: BJ LEITHEAD TODD,Director t1i 7 Subject: State Land Use Boundary Amendment(SLU 13-000039) Request: Agricultural to Urban Change of Zone Application(REZ 13-000171) Request:A-la to CV-20 Applicant:Jerry Souza TMK: 1-5-007:061 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 Hawai'i 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: 088809 County of Hawaii is an Equal Opportunity Provider and Employer. NEIL ABERCROMBIE LORETTA J.FUDDY,A.C.S.W.,M.P.H. GOVERNOR � ,asa Director of Health PLAN PLANNiKG DE ARTME r "_ •`' '�` = 2013 EC -3 Ail 10: 02 ��°°��"° STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: December 2, 2013 TO: Duane Kahuna Planning Director, County of Hawaii FROM: Newton Inouye Y•Ir District Environmental Health Program Chief SUBJECT: State Land Use Boundary Amendment (SLU 13-000039) Request: Agricultural to Urban Change of Zone Application (REZ 13-000171) Request: A-la to CV-20 Applicant: Jerry Souza Tax Map Key: 1-5-007:061 Wastewater Branch found no wastewater/environmental health concerns with regulatory implications in the submittal. Dispensing site locations and food preparation areas would need to meet the requirements of Chapter 12,Food Establishment Sanitation Code. The applicant may call Ph. 933-0917 to discuss the content of this communication. We recommend that you review all of the Standard Comments on our website: http:/Ihawaii.gov/health/environmentalienv-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. SCANNED Planning Dept. jr8 8 $i11 WORD:REZ 13-000171.ni Exhibit 8 Dy PLANNING DEPARTMENT //,,,,l "O F-_- WILLIAM CCIIM.PERSOLA.JR. NEIL ABERCROMBIE f 'ii , <y...... tiq BOARD OF LAND AND NATURAL RESOURCES GOVERNOR OF HAWAII 2013 DEC ��qss .(lie%959 +,y� COMMISSION ON WATER.RESOURCE MANAGEMENT 2013 DC --5 �7 yf � * ; ES ITRSRRDEPL YINA nd and 77 y ' ��'�� ,1 L --l� r ° WILLIAM M.TAM DEPUTY DIRECTOR-WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES !�'`✓ _ "" COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND RESOURCES COAST COASTAL ENFORCEMENT > HISTORIC PRESERVATION DIVISION ENGINEERING '4teorrto DEPARTMENT OF LAND AND NATURAL RESOURCES FORESTRY PRESERVATION RAIIOOLA WE ISLAND RESERVE COMMISSION 601 Kamokila Boulevard,Suite 555 STATE PARRS .Kapolei,HI 96806 November 29,2013 Duane Kanuha LOG NO:2013.6461 County of Hawaii 2013.6543 Planning Department DOC NO: 1307SN24 101 Pauahi Street Archaeology Hilo,HI 96720 Attn.Phyllis Fujimoto Dear Mr.Kanuha: SUBJECT: Chapter 6E-42 Historic Preservation Review— County of Hawaii Change of Zone Application for(REZ 13-000039)A-la to CV-20 Keonepoko-Nui Ahupua`a,Puna District,Island of Hawaii TMK:(3)1-5-007:061 Thank you for the opportunity to review the request for a change of zone application that was received by our office on July 2,2013. According to the application,the proposed zone change will be from Agricultural(A-1a)to Village Commercial (CV-20). According to the request, the applicant plans to construct a commercial kitchen within an existing warehouse on the 1 acre parcel.A residential dwelling is on the parcel and it is less than 50 years old. Our records indicate that no archaeological inventory survey has been conducted for the parcel. Aerial photos confirm that the parcel has been subject to previous grubbing and grading and is currently being utilized for urban activities. SHPD believes the proposed change of zone and proposed uses will occur within the existing structures and no new land alterations have been requested therefore, no historic properties will be affected by the current application. Please contact Sean Naleimaile at(808)933-7651 or Sean.P.Naleimaile(d;Hawaii.gov if you have any questions or concerns regarding this letter. Aloha, I Theresa K.Donham Archaeology Branch Chief SCANNED Planning Dept. � Exhibit '—u 8 5-sr9 , PLANNING DEPARIWEN NEIL s, !4A 1 . 1y WILLIAM MLA.AL 44 Wve�wa Of HAMAS f,r.' rlwirlIural 2013 DEC f 1 A''1 • t. 4+ 1 ; «::;IWI:Itk JI44Aa'. IWAIWYMM •rte +war �� _ :� STATE OF HAWAII • ,►7- DEPARTMENT OF LAND AND NATURAL RESOURCES ' — LAND DIVISION \_` POST OFFICE BOX 621 ai roa* HONOLULU,HAWAII 96809 December 10,2013 County of Hawaii Planning Department Attention: Mr.Jeff Darrow via email: jdarrow(u,co.hawaii.hi.us 101 Pauahi Street,Suite 3 Hilo,Hawaii 96720 Dear Mr. Darrow: SUBJECT: State Land Use Boundary Amendment (SLU 13-000039), Agriculture to Urban; Change of Zone Application (REZ 13-000171), A-la to CV-20, Jerry Souza,Applicant,Puna,Hawaii;TMK: (3) 1-5-007:061 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 (i) Engineering Division, and (ii) Hawaii District Land Office on the subject matter. Should you have any questions, please feel free to call Kevin Moore at 587-0426. Thank you. ' l' y S Russell Y.Tsuji Land Administrator Enclosure(s) Planning Dept. 088952 Exhibit /0 PLANNING OEPART E, 44 01P1 rL� F lFR d1x NULAPERCNOMII OO'.1 NG CfHAWAI _; € WIL1.tAMU aAlLA,JR 7013 DEC 1 ,.4:(1,. C06011111101011*AMR 1171110UNCI MAIMAG61411/1 ifr.‘" )\ STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES T' Y LAND DIVISION POST OFFICE SOX 621 d►1M� HONOLULU,HAWAII 96809 � November I8,2013 MEMORANDUM PqR• DLNR Agencies: Div.of Aquatic Resources Div.of Boating&Ocean Recreation X Engineering Division Div.of Forestry& Wildlife Div. of State Parks ^_Commission on Water Resource Management Office of Conservation&Coastal Lands Land Division—Hawaii District X Historic Preservation F�A�I ssell Y. Tsuji,Land Adniini for SUBJECT: l to Land Use Boundary Amendment (SLU 13-000039), Agriculture to Urban;Change of Zone Application(REZ 13-000171),A-la to CV-20 LOCATION: Puna,Hawaii;TMK: (3) 1-5-007:061 APPLICANT: Jerry Souza Transmitted for your review and comment is information on the above referenced application. A complete copy of the application is available in Land Division's Honolulu office. We would appreciate your comments on this application. Please submit any comments by December 10,2013. 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. ( e) Comments are attached. Signed: i , /4 Print name: ,tor I. Date: i/ Z It cc: Central Files 088952 PLANNING DEPARTMENT r ti ?rr eV.07. HAWM! DEPARTMENT OF LAND AND NATURAL RESTIFJC I I AM 9: 08 ENGINEERING DIVISION LD/KevinMoore Ref.:PunaSLUBonndaryAmendment Hawaii.631 COMMENTS () We confirm that the project site,according to the Flood Insurance Rate Map(FIRM),is located in Flood Zone . () Please note that the project site,according to the Flood Insurance Rate Map(FIRM),is located in Flood Zone (X) Please note that the correct Flood Zone Designation for the project site,according to the Flood Insurance Rate Map 1551661150C (Copy attached),is located in Minimal LTsunam,_, Inundation Areas. The National Flood Insurance Program does not have any regulationslar developments within the Minimal Tsunami Inundation areas. () 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`,f 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. 0) The applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Plan Update. () Additional Comments: () Other. Should you have any questions,please call Ms.Suzie S.Agraan of the Planning Branch at 587.0258. Signed: 14 1 C •' ► S. f' G,CHIEF ENGINEER Date: (J 5' • 088952 State of Hawaii FLOOD HAZARD ASSESSMENT REPORT vIr 1150C '4 > I-5-007:*�, i Sgt PANEL, NOT PRIG`' r ED �R8 VAINIMAL TSUNAMI INUNDATION) 15` NATIONAL FLOOD INSURANCE PROGRAM t FLOOD ZONE DEFINITIONS PROPERTY INFORMATION SPECIAL FLOOD HAZARD AREAS SUBJECT TO INUNDATION BY THE 1%ANNUAL COUNTY: HAWAII CHANCE FLOOD—The 1%annual chance flood(100-year flood),also known as the base TMK NO: (3)1-5007.061 flood,is the flood that has a 1%chance of being equaled or exceeded in any given year. PARCEL ADDRESS: 15-1447 KAHHA1W BLVD The Special Flood Hazard is the area subject to flooring by the 1%annual chance flood. PAHOA,HI 96778 Areas of Special Flood Hazard include Zone A.AE.AH,AO,V,and VE. The Base Flood FIRM INDEX DATE APRIL 02,2004 Road insurance purchase epplies n of the 1%annual chance flood. Mandatory L6l n tit OF imp CHANGt:(S): f i Zone A: No BFE delemined. FBA FIRM PANEL(S): 15516611500 III PANEL EFFECTIVE DATE: PANEL.NOT PRINTED Zone AE: BFE determined. . Zone AN: Flood depths of 1 to 3 feet(usually areas of pondehg);BFE determined. Zone AO: Flood depths of 1 to 3 feet(usually sheet flow on sloping terrain); average depths determined. • Zone V: Coastal flood zone with velocity hazard(wave action);no BFE determined. PARCEL DATA FROM: JUNE 2013 III Zone VE Coastal flood zone with velocity hazard(wave action);BFE detem fined. IMAGERY DATA FROM: MAY 2005 • Zone AEF: Fioodway areas in Zone AE. The f oodway is the channel of stream IMPORTANT PHONE NUMBERS plus any adjacent floodplain areas that must be kept free of encroachment so that the 1%annual chance flood can be canted without increasing the BFE. County NFIP Coordinator NON-SPECIAL FLOOD HAZARD AREA—An area in a low-to-moderate risk flood zone, County of Hawaii No mandatory flood insurance purchase requirements apply,but coverage is available in Frank DeMarco.CFM (808)961-8042 participating communities. State HElP Coordinator Zone XS(X shaded): Areas of 0.2%annual chance flood;areas of 1%annual Card Tyahri3eam,P.E.,CFM (808)587-0167 chance flood with average depths of less than 1 foot or with drainage areas less Disclaimer.The Department of Land and Natural Resources(DLNR) than 1 square mile;and areas protected by levees from 1%annual chance flood assumes no responsibility arising from the use of the information contained in this report ViewersVsers are responsible for venfying the Zone X Areas determined to be outside the 0 2%annual chance floodplain accuracy of the Information and agree to indemnify the DLNR from any OTHER FLOOD AREAS liability which may arise from Es use Zone D: Unstudied areas where flood hazards are undetermined,1wt flooding is If this map has been identified as PRELIMINARY or'UNOFFICIAL'. please note that it is being provided for informational purposes and is possible No mandatory flood insurance purchase requirements apply,but coverage not to be used for officlalitegal decisions,regulatory compliance,or flood is available In participating communities insurance rating Contact your county NFIP coordinator for flood zone determinations to be used for compliance with local floodplain management regulations. J 5 2 . PLANNING DEPARTMENT Cr)IIPT' t'3F HAWAII NMArs MON= ' GOVERNOR Of SAMAII . Mn.q►M m. * , 2013 DEC ! � = cp,srat Ind 4446. STATE OF HAWAII • c� ��c� DEPARTMENT OF LAND AND NATURAL RESOURCES - r'._ - LAND DIVISION POST OFFICE BOX 621 �hotli+� HONOLULU,HAWAII 96309 November 18,2013 MEMORANDUM TO: DLNR Agencies: _Div. of Aquatic Resources Div. of Boating&Ocean Recreation • X Engineering Division Div.of Forestry&Wildlife _Div. of State Parks _Commission on Water Resource Management _Office of Conservation&Coastal Lands X Land Division—Hawaii District Historic Preservation - - FROM: sell Y.Tsuji,Land Admini for SUBJECT: state Land Use Boundary Amendment (SLU 13-000039), Agriculture to Urban;Change of Zone Application(REZ 13-000171),A-la to CV-20 LOCATION: Puna,Hawaii;TMK: (3) 1-5-007:061 APPLICANT: Jerry Souza Transmitted for your review and comment is information on the above referenced application. A complete copy of the application is available in Land Division's Honolulu office. We would appreciate your comments on this application. Please submit any comments by December 10,2013. 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. (i We have no objections. ( ) We have no comments. ( ) Comments are attached. Si Print name: Date: cc: Central Files / 0 8895 ; ' • w *1;4'• William P.KenoiPtANNING DEPARTMENT ‘4.44. Duane Kanuha Mayor COUNTY OF tilt':+ ;�� Director t E A Bobby Command 2013 DEC 1 3 8: 2 3 *ft'r•os - Deputy Director County of Hawaii PLANNING DEPARTMENT PUNA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 December 10, 2013 Duane Kanuha, Director Planning Department 101 Pauahi St., Ste. 3 Hilo, HI 96720 Subject: State Land Use Boundary Amendment(SLU 13-039),Agricultural to Urban County Rezoning(REZ 13-171),A-la to CV-20 Applicant: Jerry A. Souza TMK: (3) 1-5-07:061 Dear Mr. Kanuha, The Pahoa Regional Town Center Plan Subcommittee has reviewed the application prepared by Mr. Souza dated October 2013. The Committee supports the application for rezoning with the following concerns that the committee would like to see addressed prior to any rezoning being granted. In Section 3, Subsection (a)Project Concept, the applicant clearly states "has and continues to make smoke sausages,meats and fish for friends and domestic use within an existing 60' x 20' (1,200 Square feet) warehouse wishes to sell his goods commercially while living on the property". Although it is not in the purview of the committee to decide what businesses can or cannot operate in the CV-20 zoning, we find that the applicant's information regarding impacts on environmental air quality and water quality lacking in detail.The applicant is in the smokehouse business and the discharge of wood smoke in the air is a major pollutant. "Wood burning releases many air pollutants, some of these are: chlorinated Dioxin, carbon monoxide,methane, volatile organic compounds (VOCs), nitrogen oxides,polycyclic aromatic hydrocarbons (PAH), and fine particulate matter(PM 10, PM2.5). ("A Summary of Emissions Characterizations and Non-Cancer Respiratory Effects of Wood Smoke", Anuszewski, ,Larson, , and Koenig, (1992); " "The smoke pollution particles are so small that they filter into our homes even with all the doors and windows closed. The level of indoor air pollution is typically equal to 70% of the outdoor pollution level. (The Health Effects of Wood Smoke, Washington State Department of Ecology)." The committee cannot ascertain from the application the amount of wood smoke emitted in the atmosphere currently or in the future if the commercial operation is successful. "Children's health studies document that living in homes where wood is burned, and in communities where wood smoke SCANNED Hawai`i County is an Equal OpportuniPn{ OM* Exhibit // By: i Mr. Duane Kanuha, Director Planning Department December 10, 2013 Page 2 is prevalent, the wood smoke causes decreases in lung capacity and increases in asthma attacks, frequency and severity of general respiratory illness, emergency room visits and school absences". The committee's only interest is to make sure that the people of Pahoa and its visitors are protected from any undo effects from this operation. The Action Committee recommends the following two items: 1. The applicant should provide a more detailed explanation of the smoking activity, the type of equipment being used and what steps are being taken to limit the discharge of hazardous particulates to the atmosphere. 2. The applicant should clarify whether, along with the septic system stated to be installed, an additional grease trap system will be installed to protect the discharge of the treated water into the ground. Respectfully, (a- Pinto, Chair Puna Community Development Plan Action Committee cc: Mr. Jerry Souza Mr. Sidney Fuke Mr. Greggor Ragan, Council Member,District 4 • SidneyFuke, Planning Consultant �• 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 ,r . •Planning•variance•Zoning Telephone:(808)969-1522•Cell:(808)989-0640 1 •Subdivision•Land Use Permits E-mail:sidfuke @hawaiiantel.net r. •Environmental Reports December 17, 2013 ` r' 1: 22 Mr. Duane Kanuha, Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kanuha: Subject: State Land Use and Rezoning Applications (REZ 13-000171) Jerry Souza TMK: 1-5-007: 061 Thank you for providing me with agency and related comments to date on the subject matter. In response to those comments,we would like to note the following: 1. Fire Department: The fire flow and related requirements will be complied with and addressed in conjunction with the processing of the appropriate building permit for the conversion of the existing warehouse into a certified kitchen. The Fire Department is one of the approving agencies for this building permit. 2. Water Department: The projected water use should be generally the same or slightly more than the current use, as the intent is merely to install a certified kitchen so that the applicant can sell his products commercially. He does not necessarily want to increase the volume of production. As such,he would like to avoid having to retain a professional engineer to attest to this due to cost measures. The other requirement such as a backflow preventer is an understandable but costly requirement. In light of the above,the applicant respectfully request that these requirements be deferred until there is a use other than the applicant's proposed commercial kitchen and/or there is a new structure for a commercial use. 3. Police Department: The Department noted that it did"not anticipate any significant impact to traffic and/or public safety concerns." 4. Department of Environmental Management:Neither the Wastewater Division nor the Solid Waste Division had any comments or objections to the request. 5. Department of Public Works: The applicant does not intend to make any on-site improvements, as he intends to install only a commercial kitchen within an existing warehouse structure. However,the applicant understands that a drainage plan is still called for as part of the Plan Approval process and will prepare one accordingly. Planning SCANNED ia Exhibit -ff.` 17 o B,, o8 ib ti 2 Mr.Duane Kanuha. Director December 17.2013 Page 2 As with the water system,the applicant does not have any objections to providing the additional right-of-way(if needed)and making the curb, gutter, sidewalk and related improvements fronting his property. However,he respectfully requests that they be deferred for a 5 year period or until either a new structure for a commercial use or a use other than his proposed commercial kitchen is established. 6. State Historic Preservation Division: The Division concurred that"no historic properties will be affected"by the project. 7. Puna Community Development Plan Action Committee: The applicant met with the Action Committee ("AC")at its meeting of December 10. The applicant is appreciative of the AC's support of the request. Relative to the specific issues raised, as discussed at the AC meeting,the applicant will have to adhere to the wastewater and air emission requirements of the State Department of Health. Specifically, a grease trap system will have to be installed and, if needed, another septic system. Likewise,the applicant currently uses ohia wood to fire his non-commercial processed products. Selling them commercially will require wood chips or similar products,products that generate less smoke. All of these will have to be addressed and approved by the State Department of Health in conjunction with the building permit process to establish this commercial kitchen. 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. Sincerel , in S1'" 1 SIDNEY M. KE Planning Consultant Copy—Jerry Souza via email RSouzaSLU.doc-1/17/14 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION JERRY A. SOUZA STATE LAND USE BOUNDARY AMENDMENT APPLICATION(SLU 13-000039) Upon careful review of the request, the Planning Director recommends that a favorable recommendation for the State Land Use Boundary Amendment application be forwarded to the County Council. This recommendation does not,however, endorse the specific plans submitted with the application as they may be subject to change given the specific code and regulatory requirements of the affected agencies. Since this recommendation is made without the benefit of public testimony,the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. The favorable recommendation is based on the following findings: The applicant requests the reclassification of approximately one acre of land from the State Land Use Agricultural to the Urban District and seeks a concurrent change of zone from the Agricultural (A-la)to a Village Commercial (CV-20)zoned district to allow the establishment of a commercial food processing facility within an existing warehouse. The commission shall not approve an amendment of a land use district boundary unless the commission finds upon the clear preponderance of the evidence that the proposed boundary amendment is reasonable,does not violate Section 205-2,Hawaii Revised Statutes(HRS), and is consistent with the policies and criteria established pursuant to Sections 205-16, 205-17, and 205A-2, HRS. In its review of any application for reclassification of district boundaries pursuant to this chapter, the Planning Commission shall specifically consider the following decision-making criteria: 1) The extent to which the proposed reclassification conforms to the applicable goals, objectives, and policies of the Hawaii State Plan and relates to the applicable priority guidelines of the Hawaii State Plan and the adopted functional plans; Attachment to: Comm. 716 Bill 211 -1- 2) The extent to which the proposed reclassification conforms to the applicable district standards; 3) The impact of the proposed reclassification on the following areas of state concern: a) Preservation or maintenance of important natural systems or habitats; b) Maintenance of valued cultural,historical, or natural resources; c) Maintenance of other natural resources relevant to Hawai`i's economy including,but not limited to agricultural resources; d) Commitment of state funds and resources; e) Provision for employment opportunities and economic development; and f) Provision for housing opportunities for all income groups, particularly the low, low-moderate, and gap groups; 4) In establishing the boundaries of the districts in each county,the commission shall give consideration to the General Plan of the county in which the land is located; 5) The representations and commitments made by the petitioner in securing a boundary change, including a finding that the petitioner has the necessary economic ability to carry out the representations and commitments relating to the proposed use or development; and 6) Lands in intensive agricultural use for two years prior to date of filing of a petition or lands with a high capacity for intensive agricultural use shall not be taken out of the agricultural district unless the commission finds either that the action: a) Will not substantially impair actual or potential agricultural production in the vicinity of the subject property or in the county or State; or b) Is reasonably necessary for urban growth. -2- The determination of boundaries for the Urban District, must also meet the following: 1) It shall include lands characterized by "city-like" concentrations of people, structures, streets,urban level of services and other related land uses; 2) It shall take into consideration the following specific factors: a) Proximity to centers of trading and employment except where the development would generate new centers of trading and employment; b) Availability of basic services such as schools, parks, wastewater systems, solid waste disposal, drainage, water,transportation systems,public utilities, and police and fire protection; and c) Sufficient reserve areas for foreseeable urban growth; 3) It shall include lands with satisfactory topography,drainage, and reasonably free from the danger of any flood,tsunami,unstable soil condition, and other adverse environmental effects; 4) Land contiguous with existing urban areas shall be given more consideration than non-contiguous land, and particularly when indicated for future urban use on state or county general plans; 5) It shall include lands in appropriate locations for new urban concentrations and shall give consideration to areas of urban growth as shown on the state and county general plans or county community plans or development plans;; 6) It may include lands which do not conform to the standards in paragraphs (1)to (5): a) When surrounded by or adjacent to existing urban development; and b) Only when those lands represent a minor portion of this district; 7) It shall not include lands, the urbanization of which will contribute toward scattered spot urban development, necessitating unreasonable investment in public infrastructure or support services; and -3- 8) It may include lands with a general slope of twenty per cent or more if the commission finds that those lands are desirable and suitable for urban purposes and that the design and construction controls, as adopted by any federal, state, or county agency, are adequate to protect the public health, welfare and safety, and the public's interests in the aesthetic quality of the landscape. The approval of the reclassification from the State Land Use Agricultural to the Urban District for approximately one acre will be consistent with Section 205-2, Chapter 205,HRS and the Land Use Commission Rules,the County General Plan and the Hawaii State Plan. The Hawaii State Plan, County General Plan and Puna Community Development Plan(CDP)all encourage new urban growth to occur near existing urban areas where adequate public facilities are already available or can be provided with reasonable public or private expenditures, and away from areas where beneficial resources are present such as important agricultural land, natural, historic or cultural resources. These plans also suggest that communities should be planned to ensure that adequate support services and facilities are provided to accommodate population growth. The subject property is located in Pahoa,the largest town in the lower Puna district, near existing urban areas that are zoned commercial and industrial, which include Woodland Center, Pahoa Marketplace, and Pahoa Auto Parts. In 2013, TMK: 1-5-007:006, 069, 070 comprised of 9.93 acres was approved for a change of zone from A-1 a to CV-10 (concurrent with a State Land Boundary Amendment from Agricultural to Urban)for the development of an approximately 104,326-square foot commercial center. Other urban uses such as a church, self-storage facility and feed and fertilizer store have also been established nearby with Special Permits. As urban uses already exist in the immediate area,the urbanization of the project site will not contribute towards scattered urban development. Nearby public facilities include a fire station, police station,post office,regional park, and medical clinics. Water, electricity and commercial-standard transportation facilities are available or can be made available with reasonable public and private expenditures. Although Pahoa does not currently have a public sewer system or municipal solid waste collection, wastewater and solid waste -4- generated by development of the land with urban land uses can be disposed of in compliance with Federal, State and County regulations. The Puna district is one of the fastest growing districts in the State; however,the development of urban lands with commercial and light-industrial businesses to provide goods and services to the population has not kept pace with growth. The General Plan Land Use Pattern Allocation Guide (LUPAG)Map component of the General Plan is a representation of the document's goals,policies, standards and courses of action. It is also a graphic depiction of the physical relationship between the various land uses and establishes the basic urban and non-urban form for areas within the County. The General Plan's LUPAG Map for Pahoa Village was recently amended to encourage rezoning of lands to urban zoning districts in order to provide these necessary goods and services. One of the primary reasons for the LUPAG Map amendment was to support the policies contained in the Puna CDP to develop Pahoa as a regional town center for the lower Puna district by increasing the designated urban density within the town center and directing commercial and industrial uses away from the Pahoa Bypass Road. With this amendment, the LUPAG map designation for the subject property was changed from Low Density Urban, which includes single-family residential and neighborhood commercial uses,to Medium Density Urban which allows for higher density urban uses such as village shopping centers and multiple-family residential. The reclassification action would be consistent with the goals, objectives and policies of the Hawaii State Plan, County General Plan and Puna Community Development Plan by providing future employment opportunities and improved living standards and stimulating the development and expansion of economic activities in the lower Puna district. Since the subject property is located over five miles from the shoreline,the development of the parcel is not expected to have a significant adverse impact on coastal resources. The property is currently improved with a dwelling and a warehouse formerly used for the applicant's towing business. Thus,there are no unique natural, cultural or historic resources on the property that require preservation or protection. The property is Unclassified on the State of Hawai`i ALISH Map and the Land Use Study Bureau's Overall Master Productivity Rating for the property's soils is "E" or "Very Poor". -5- Additionally, the property is not considered important agricultural land and has not been used for sustained commercial agriculture in the recent past. The Hawai`i Right to Farm Act, HRS Chapter 165, was enacted to protect farming operations on land in the State Land Use Agricultural District when adjacent land is reclassified out of the Agricultural District. A condition of approval will require the applicant to provide notification to prospective purchasers,tenants or lessees of the Hawaii Right to Farm Act. Therefore,the reclassification of this one-acre area from the Agricultural to the Urban designation will not be detrimental to the agricultural land inventory in the County of Hawai`i. More importantly, an Urban classification would complement the existing and future land use pattern of the surrounding area in view of the urban uses in close proximity to the property. Based on the above,the approval of the State Land Use Boundary Amendment from the Agricultural to the Urban District complements the State Land Use District Regulations and County General Plan and is supportive of the Hawaii State Plan. The accompanying draft bill to amend the State Land Use Boundaries Map is provided for your favorable consideration. In addition, conditions of approval are recommended as follows: A. The applicant shall notify prospective purchasers, tenants, or lessees of the subject property that farming operations and practices on adjacent or contiguous land in the State Land Use Agricultural District are protected under Hawaii Revised Statutes Chapter 165,the Hawaii Right to Farm Act. This notice shall be included in any disclosure required for the sale or transfer of the subject properties. B. Any action that would interfere with or restrain farming operations on adjacent or contiguous properties shall be prohibited; provided the farming operations are conducted in a manner consistent with generally accepted agricultural and management practices on adjacent or contiguous lands in the Agricultural District. -6- COUNTY OF HAWAII -•_ �� `�� `'�� "�' STATE OF HAWAI I BILL NO. ORDINANCE NO. , AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAI`I BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT KEONEPOKO, PUNA, HAWAII(TAX MAP KEY: 1-5-007:061). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The State Land Use Boundaries Maps for the County of Hawaii are amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Keonepoko, Puna, Hawai`i, shall be Urban: Beginning at the west corner of this lot,being also the north corner of Lot 8-C-2 of the subdivision of Lot 8-C and on the southeast side of Kahakai Road,the coordinates of said point of beginning referred to Government Survey Triangulation Station"PAHOA"being 756.35 feet north and 976.51 feet east, and thence running by azimuths measured clockwise from true South: 1. 250° 34' 198.12 feet along the southeast side of Kahakai road; 2. 340° 34' 219.87 feet along Government Land; 3. 70° 34' 198.12 feet along Lot 8-B of the subdivision of Lot 8 of Keonepoko Homestead Lots; 4. 160° 34' 219.87 feet along Lot 8-C-2 of the subdivision of Lot 8-C to the point of beginning and containing an area of 1.00 acre,more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I Hilo, Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- A 'ICULTURAL A • - TURAL AGRICULTURAL 7/ 2 s� URBAN AGRICULTURAL AGRICULTURAL A'1 O IsA P s 756.35 N ✓ ' ik 'PO 976.51'E ^=04CI ei "PAHOA" "�+i"} ,-40V * ** ' , TM K:(3)1-5-007:061 .{'k? ) E � 0 '�� AGRICULTURAL TO URBAN e ¢ 0h �0 150 ° 1.0 ACRES l URBAN AGRICU •'•L AGRICULTURAL 7 S 7 RICULTURAL N r IV CI AGRIC RAL co 1O Feet 0 125 250 500 750 1,000 AMENDMENT TO THE STATE LAND USE BOUNDARIES MAPS AMENDING THE STATE LAND USE BOUNDARIES MAP FOR THE COUNTY OF HAWAI'I, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT KEONEPOKO, PUNA, HAWAI'I MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK:(3)1-5-007:061 DATE:NOV 6,2013 EXHIBIT "A" Jerry and Erlinda Souza Map:13-188 RSouzaREZ.doc-1/17/14 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION JERRY A. SOUZA CHANGE OF ZONE APPLICATION (REZ 13-000171) 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 request be forwarded to the County Council. This recommendation does not, however, sanction the specific plans submitted with the application as they may be subject to change given the specific code and regulatory requirements of the affected agencies. Since this recommendation is made without the benefit of public testimony,the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: State Land Use Boundary Amendment from Agricultural to Urban and a Change of Zone from Agricultural - 1 acre(A-la)to Village Commercial -20,000 square feet (CV-20)for one-acre of land to accommodate the renovation of an existing 1,200-square foot warehouse to establish a food processing facility for the preparation of commercial smoked sausages, meats and fish. The cost of the improvements is approximately $25,000 and construction will commence upon completion of permitting. According to the Zoning Code, the purpose of the Village Commercial district is to provide a broad range or variety of commercial and light industrial uses that are necessary to serve the population in rural areas where the supplementary support of the general business uses and activities of a central commercial district is not readily available. The subject property is located in Pahoa town,the largest town in the area providing goods and services to the population in rural areas of lower Puna. The Change of Zone Application from an Agricultural(A-la) to Village Commercial(CV-20)zoned district will conform to the following goals,policies and standards of the General Plan. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets Attachment to: Comm. 716 -1- Bill 212 forth goals,policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals,policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. These state the following: LAND USE- GENERAL • 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 - PUNA DISTRICT • Centralization of commercial activities in Pahoa Town,rather than along the Pahoa By-Pass,to serve the residents of Lower Puna shall be encouraged. According to the 2010 U.S. Census data,the Puna district contains the second highest population in the County with 45,326 residents, compared with 50.927 for the South Hilo district. Additionally the population of the Puna district has experienced significant growth over the last 30 years (76.8%from 1980-1990, 50.8% from 1990- 2000, 44.8% from 2000-2010) and will continue to rapidly grow due to the relative affordability of land in Puna. Comparatively, the population of the South Hilo district increased only 7.5% from 2000 to 2010 and is projected to be lower than the population of the Puna district by 2015. However,job growth and the provision of goods and services such as grocery stores and medical clinics have not kept pace with the population growth. Clearly there is a great public need for additional commercially-zoned lands in the Puna district,particularly in Kea'au and Pahoa which have been identified in the Puna Community Development Plan as regional town centers for the district. The General Plan Land Use Pattern Allocation Guide (LUPAG) is a graphic representation of the General Plan's goals and policies to guide the coordinated growth and development of the County. The General Plan's LUPAG Map for Pahoa Village was amended in 2012 to encourage rezoning of lands to urban zoning districts in order to -2- provide these necessary goods and services. One of the primary reasons for the LUPAG Map amendment was to support the policies contained in the Puna CDP to develop Pahoa as a regional town center for the lower Puna district by increasing the designated urban density within the town center and directing commercial and industrial uses away from the Pahoa Bypass Road. With this amendment,the LUPAG map designation for the property was changed from Urban Expansion to Medium Density Urban which allows for higher density urban uses such as village shopping centers and multiple-family residential. Thus,the requested CV zoning request would allow for uses that are consistent with the Medium Density form depicted on the LUPAG Map. The property is currently a dwelling site and the warehouse was formerly used for a towing business. The applicant hopes to renovate the warehouse to establish a food processing facility with a commercial kitchen to produce smoked meats and fish. The applicant will continue to reside on the property. Immediate surrounding lands are zoned for commercial and agricultural uses. The Woodland Shopping Center zoned CN-20 is located across Kahakai Blvd to the west. Further to the southwest is the Malama Market shopping center zoned MCX-20. Other nearby commercial uses include Pahoa Auto Parts(zoned CN-20)to the south of the property at the intersection of Kahakai Blvd and Pahoa Village Road. In 2013, a 9.93-acre parcel kitty-corner to the Woodland Shopping Center at the Pahoa Village Road-Kahakai Road intersection was approved for a change of zone from A-1 a to CV-10 (concurrent with a State Land Boundary Amendment from Agricultural to Urban)for the development of an approximately 104,326-square foot commercial center. The Pahoa Bypass Highway is located to the north of the property. The establishment of CV zoning on the subject property would be consistent with the existing land use pattern established within this portion of Pahoa. The applicant will comply with the requirements of the Zoning Code for the CV zoning district which would include but not be limited to building height restrictions,property setbacks, landscaping, and onsite parking. Therefore,the request to amend the zoning to CV-20 is consistent with the General Plan and Puna Community Development Plan. This particular request involves a change of zone from an A-1 a to a CV-20 zoned district. However, once a particular zoning district is approved and established, other -3- similar uses may be allowed. As such, although this request is to amend the zoning district from Agricultural to Village Commercial uses to accommodate the renovation of an existing warehouse to establish a food processing facility, other uses may be established in the CV-zoned district. Under Section 25-5-122, these permitted uses include: • Adult day care homes • Amusement and recreation facilities, indoor • Art galleries,museums • Automobile sales and rentals • Automobile service stations • Bars • Bed and breakfast establishments • Boarding facilities • Business facilities, rooming, or lodging houses • Business services • Cemeteries and mausoleums • Churches,temples, and synagogues • Commercial parking lots and garages • Community buildings • Convenience stores • Crop production • Day care centers • Dwellings, double-family • Dwellings, multiple-family • Dwellings, single-family • Family child care homes • Farmers markets • Financial institutions • Group living facilities -4- • Home occupations • Hospitals, sanitariums,nursing, homes • Hotels • Laboratories, medical and research • Lodges • Manufacturing,processing and packing light and general • Medical clinics • Meeting facilities • Model homes • Mortuaries • Neighborhood parks • Offices • Personal services • Photography studios • Public uses and structures • Publishing plants for newspapers, etc. • Repair establishments, major(not more than five employees) • Repair establishments, minor • Restaurants • Retail establishments • Schools • Telecommunication antennas • Temporary real estate offices • Theaters • Utility substations All utilities and services are available to the site. Access to the property is from Kahakai Blvd, a collector road with an existing right-of-way width of approximately 50 feet fronting the subject property. The Department of Public Works (DPW)recommends the applicant provide improvements to the property's entire Kahakai -5- Blvd frontage consisting of,but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting the requirements of the Americans with Disabilities Act and the approval of the DPW. Access to the property is from Kahakai Blvd. The applicant has agreed to this requirement; however, requests that since the proposed use will be contained within an existing structure,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 small 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. As commercial districts require a right-of-way width of 60 feet, a condition of approval will be added to provide a 5-foot wide road widening strip along the property's Kahakai Blvd frontage. This condition is recommended in line with the various roadway improvements required as part of a recent commercial rezoning that will improve the Kahakai Blvd extension to a commercial roadway standard by widening and improving a 50-ft foot wide State-owned reserve lot to a commercial standard 60-foot right-of-way with curb, gutter and sidewalks. For that particular change of zone to a CV-zoned district, five feet of additional right-of-way was required from the property's frontage along the Kahakai Blvd Extension. Thus, for this request, conditions of approval will follow the recommendations of the Department of Public Works and the progression of improvements along Kahakai Blvd and its extension into a commercial standard roadway system. County water is available from an existing 8-inch and 12-inch waterline within Kahakai Blvd fronting the property. Currently, a 5/8-inch meter limited to 400 gallons per minute serves the property. The Department of Water Supply requires the applicant -6- to submit an estimated maximum daily water usage calculation for the proposed use to ensure water availability, for which a condition of approval will be included in this recommendation. There is no County sewer system in Pahoa;therefore, individual wastewater system(s)meeting Department of Health requirements will need to be installed for any future development. There are no municipal waste collection services in the County. All solid waste generated by the development will require private disposal at the Pahoa Transfer Station or Hilo landfill. The project has no severe geological or topographical problem which cannot be properly rectified or which would render the land unusable. The property is situated in Flood Zone"X", an area determined by FEMA to be outside of the 500-year flood plain. Electric and telephone services are available to the property. Police, fire and medical services are available in Pahoa. This favorable recommendation is also made with the understanding that the applicant remain responsible for complying with all other applicable governmental requirements in connection with uses permitted within the Village Commercial zoning district,prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits,the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), among many others. The subject property is located outside of the preliminary boundary of the Pahoa Regional Town Center but within the proposed Pahoa Regional Town Center Master Plan planning area and Pahoa Village District. At this time,the Pahoa Village Design Guidelines are also proposed for adoption by resolution. As such, a condition of approval will be included to require any new construction, exterior renovation of existing structures, and signage conform to any design guidelines for the area. Failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Finally,no objections were received from the public as of this writing. Based on the above findings, approval of the Change of Zone request from Agricultural(A-la) to the Village Commercial(CV-20)zoned district would result in -7- an appropriate land use pattern that will further the public convenience, necessity and general welfare. The accompanying draft bill to amend Section 25-8-26 (Pahoa Zone Map) of Chapter 25 Zoning Code of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -8- CSouzaREZ.doc-1/28/14 JERRY A. SOUZA CHANGE OF ZONE APPLICATION (REZ 13-000171) CONDITIONS OF APPROVAL A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Site layout and building design for any new structure within the proposed commercial development shall adhere to any design guidelines established for Pahoa Village when plans are submitted for Final Plan Approval. 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 construction, the applicant shall secure Final Plan Approval for the development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai`i County Code. Plans shall identify all existing and/or proposed structures, fire protection measures, paved driveway access and paved parking stalls associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department Rule No. 17 (Landscaping Requirements) and Chapter 25 (Zoning Code), Hawai`i County Code. D. The applicant shall submit estimated maximum daily water usage calculations prepared by a professional engineer licensed in the State of Hawai`i, 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. The water usage calculations should include the total estimated maximum daily water usage in gallons per day and the estimated peak flow in gallons per minute. Should the estimated water usage exceed the current water availability, extensive improvement will be required, including, but not limited to additional source, storage and booster pump facilities. E. The applicant shall install a reduced pressure type backflow prevention assembly on private property within five (5) feet of any water meter(s) serving the proposed development, which must be inspected and approved by the Department of Water Supply before water service can be activated. F. The applicant shall be responsible for the relocation and adjustment of the Department of Water Supply's affected water system facilities, including the installation of a fire hydrant fronting the subject property, should they be necessary. G. A five(5) foot wide future road widening strip along the property's frontage on Kahakai Boulevard shall be subdivided, improved and dedicated, at no cost to the County, to facilitate the widening and improvement of Kahakai Boulevard along the subject property's frontage as detailed in Condition H. H. The applicant shall provide improvements to the property's frontage along Kahakai Boulevard consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements and any required utility relocation,meeting the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works, within five(5) years from the effective date of this ordinance. Should the applicant submit plans to develop a land use beyond that proposed in the application, and which the Planning Department in consultation with the Department of Public Works determines will generate over 50 peak hour trips, a Traffic Impact Analysis Report (TIAR) shall be submitted for review and approval by the Department of Public Works and Department of Transportation prior to Final Plan Approval. When required by the Department of Public Works, the applicants shall implement, at no cost to the County, any transportation improvements deemed necessary by the Department of Public Works. J. The driveway connection to Kahakai Boulevard shall conform to Chapter 22, County Streets, of the Hawai`i County Code. K. Install street lights 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. L. Any new construction, exterior renovation of existing structures and signage shall conform to any design guidelines established by the Pahoa Village Design Guidelines. M. All development-generated runoff shall be disposed of on-site and shall not be directed toward any adjacent properties. -2- N. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawai`i County Code. 0. The method of sewage disposal shall meet with the requirements of the Department of Health. P. Should any remains of historic sites, such as rock walls, terraces, platforms,marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigation measures have been taken. Q. If residential units are developed on the subject property, the applicant, successors or assigns shall make its fair share contribution to mitigate the potential regional impacts of the development with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of$8,394.57 per multiple family residential unit($13,081.99 per single family residential unit). The total amount shall be determined by the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit(single family residential units) shall be allocated as follows: • $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; • $130.87 per multiple family residential unit ($304.32 per single family residential unit) to the County to support police facilities; -3- • $402.57 per multiple family residential unit($601.06 per single family residential unit)to the County to support fire facilities; • $179.43 per multiple family residential unit($263.15 per single family residential unit) to the County to support solid waste facilities; and • $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, successors or assigns may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. P. 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. Q. 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 the Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Plan Approval. R. The applicant, successors or assigns shall comply with all applicable County, State and Federal laws, rules, regulations and requirements, including the Department of Health. S. An initial extension of time for the performance of conditions within the ordinance, with the exception of Condition H,may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. -4- 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 should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion,the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. -5- ��Mt't os p '•', COUNTY OF HAWAII . ,�` 't STATE OF HAWAII BILL NO. ORDINANCE NO. C - ) P/Gi rc AN ORDINANCE AMENDING SECTION 25-8-26 (PAHOA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL- 1 ACRE (A-1 a)TO VILLAGE COMMERCIAL—20,000 SQUARE FEET(CV-20)AT KEONEPOKO HOMESTEAD LOTS, PUNA, HAWAII, COVERED BY TAX MAP KEY: 1-5-007:061. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-26, 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 Keonepoko Homestead Lots,Puna, Hawai`i, shall be Village Commercial—20,000 square feet(CV-20): Beginning at the west corner of this lot,being also the north corner of Lot 8-C-2 of the subdivision of Lot 8-C and on the southeast side of Kahakai Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station"PAHOA"being 756.35 feet north and 976.51 feet east, and thence running by azimuths measured clockwise from true South: 1. 250° 34' 198.12 feet along the southeast side of Kahakai road; 2. 340° 34' 219.87 feet along Government Land; 3. 70° 34' 198.12 feet along Lot 8-B of the subdivision of Lot 8 of Keonepoko Homestead Lots; 4. 160° 34' 219.87 feet along Lot 8-C-2 of the subdivision of Lot 8-C to the point of beginning and containing an area of 1.00 acre, 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 Hilo, Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- A-la A-5a A-5a 7G y LP ,A (road) '' A-5a CN-20 AN) A \B�J° gss \(PNP�P RO 756.35'N 976.51'E "PAHOA" A-la CN-20 A-5a AGRICULTURAL-1 ACRE(A-1a)TO VILLAGE COMMERCIAL-20,000 SQFT(CV-20) ONE ACRE TOTAL A-la - O� 0 ro �A-la p A-la A-la A-la N 1Feet 0 250 500 750 1,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-26 (PAHOA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 1 ACRES (A-1a) TO VILLAGE COMMERCIAL - 20,000 SQFT (CV-20) AT KEONEPOKO HOMESTEAD LOTS, PUNA, HAWAII MAP PREPARED BY: TMK:(3)1-5-007:061 COUNTY OF HAWAI`I, PLANNING DEPARTMENT DATE Nov.6,2013 EXHIBIT"A" Jerry and Erlinda Souza Map:1342 N N N cn 7 rl O -H V P21 0 r,„ W O cC5 N 0 .}.r Q U C a) a) -6 E 0 ... Q D c( O- C >, D CU C, 'L L ° 0 4— M O 0 CC5 U O Cll CM C . 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