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Home My WebLink AboutCOM 0978.000 2012-2014 4i-fr.:-rte, •, t _ S Walter K.M.Lau Managing Director William P.Kenoi •t om'': 0: Mayor ' _ Randall M.Kurohara � :*. +0 'i` Deputy Managing Director 4 o;.N.'N-. 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 July 22, 2014 ^, -cal on i=C) C— r— 4:-1 J Yoshimoto, Council Chair = ---,,-< and Members of the County Council `,-j County of Hawai`i rn 25 Aupuni Street o A" Hilo, HI 96720 — ° Dear Chairman Yoshimoto and Members: SUBJECT: Change of Zone Application(REZ 14-000174) Applicant: LK&RR Enterprises, LLC Request: RS-10 to CN-10 Tax Map Key: 2-2-034:072 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, ■ — William P. Kenoi Mayor Enclosures cc: Planning Department < ; u a1 > Comm. No. 91 Ref. To: P C._-. County of Hawaii is an Equal Opportunity Provider and Employer. Ref. Date .1111 `7.. 4 2014 Tt Oi;M;;;- County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 JUL 2 2 2014 J Yoshimoto, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Yoshimoto and Council Members: Change of Zone Application (REZ 14-000174) Applicant: LK&RR Enterprises, LLC Request: RS-10 to CN-10 Tax Map Key: 2-2-034:072 The Windward Planning Commission, at its duly held public hearing on July 3, 2014, recommended for your approval the proposed legislative bill for a Change of Zone from a Single- Family Residenital-10,000 square feet (RS-10)to Neighborhood Commercial-10,000 square feet (CN-10) for approximately 22,500 square feet of land located on the east side of Hinano Street, approximately 100 feet south of its intersection with Hualani Street, Waiakea House Lots, Waiakea, South Hilo, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant is requesting a Change of Zone from RS-10 to CN-10 to convert an existing steel-framed single-family dwelling currently under construction into an office and retail complex. The applicant is currently constructing a 7,000 square-foot, steel- framed single-family residential structure, which consists of two (2) 3,000+ square-foot garages and a 1,000+ square feet of living space. The applicant is proposing to convert Hawai`i County is an Equal Opportunity Provider and Employer J Yoshimoto, Council Chair and Members of the County Council Page 2 the garage portions of the structure into a few bays and rent them for commercial retail/office space. The 1,000+ square foot single-family living area would either be retained for residential use or possibly used as an office. Parking will be provided on- site, which may include a minimum of 24 parking stalls as well as a handicapped stall. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from RS-10 to CN-10 will conform to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the goals, policies and standards of the General Plan in that the proposed development will be developed in an area adequately served by necessary services such as water, utilities and transportation systems. The proposed project conforms to the Commercial Development goal, which states "provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods." The Land Use Pattern Allocation Guide(LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The project area is designated Medium Density Urban on the LUPAG Map. This designation allows village and neighborhood J Yoshimoto, Council Chair and Members of the County Council Page 3 commercial and single family and multiple family residential and related functions (multiple family residential —up to 35 units per acre). The requested zoning would be consistent with the urban designation on the LUPAG Map for this area of Hilo. The requested zoning is also consistent with the following goals, policies, and actions of the General Plan: LAND USE—GENERAL • Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. LAND USE—COMMERCIAL • Provide for commercial developments that maximize convenience to users. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. • Commercial facilities shall be developed in areas adequately served by necessary services such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. The State Land Use designation for the subject property is Urban. The property is designated Existing Urban Development by the Land Study Bureau's Productivity Rating. The Hilo Community Development Plan(CDP), adopted in 1975, suggests residential uses in this area. However, this area is transitioning to higher density commercial type uses. The proposed change of zone would complement the existing commercial land uses that already exist in this area and will provide for an orderly development of the area. J Yoshimoto, Council Chair and Members of the County Council Page 4 The property is 22,500 square feet in size and improved with a new 7,000 square foot, steel-framed single-family dwelling. The remainder of the property is cleared and graveled. The surrounding land uses in the area are a mix of residential and commercial uses. Big Island Candies, zoned CG-20, and Manano Market place, zoned CN-20, are located just south of the subject property on Hinano Street. There are several properties to the west along Manono Street that have been rezoned to CN-20 and several properties to the east along Laukapu Street that have been rezoned to MCX-20. Immediately adjacent properties are zoned RS-10 and improved with residences. All utilities and services are available to the site. Access to the project site is from Hinano Street, which is a County owned and maintained roadway identified as a collector with an existing right-of-way of 40 feet. The Department of Public Works (DPW) has recommended that the applicant provide improvements to the property's entire Hinano Street frontage consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation. The improvements shall be located in a 5-foot setback road widening recommended by the Planning Director. County water is available to the site. The project will connect to the existing County sewer system. Solid waste will be disposed of by commercial handlers. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X", area determined to be outside the 500-year floodplain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. No professional surveys were conducted of the site due to the history of residential use. By letter dated April 9, 2014, the Planning Department has requested for comments from the DLNR-SHPD. As of the date of this writing, no response has been received. No professional flora or fauna surveys were conducted of the site. The applicant does not believe that rare or endangered floral or faunal resources are on the site as the property is improved and located within an urban environment close to existing residential and commercial uses. J Yoshimoto, Council Chair and Members of the County Council Page 5 The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The project site is not proximate to the shoreline and outside of the SMA. There is no record of a designated public access to the shoreline or mountain areas that traverses the site. There is no evidence of any valued cultural, historical or natural resources existing on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; 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. Based on the above,the approval of the change of zone request from a Single-Family Residential (RS-10) to a Neighborhood Commercial (CN-10) zoned district would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, an amendment to the Section 25-8-33 (South Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawai`i County Code is transmitted. J Yoshimoto, Council Chair and Members of the County Council Page 6 We are enclosing copies of the staff Background, Planning Director's Recommendation, Powerpoint presentation and the transcript of the hearing for your information. Sincerely, � 1 Myles Miyasato, Chairman Windward Planning Commission LLk&rrenterpriseswpc2 Enclosures cc: LK& RR Enterprises LLC Sidney M. Fuke, Planning Consultant Department of Public Works Department of Water Supply William Brilhante, Esq., Corporation Counsel B LK&RR-REZ 14-1'14.j w d-06-10-14 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT LK& RR ENTERPRISES,LLC CHANGE OF ZONE APPLICATION (REZ 14-000174) LK&RR ENTERPRISES, LLC has submitted an application for a Change of Zone from Single-Family Residential 10,000 square feet (RS-10) to Neighborhood Commercial 10,000 square feet(CN-10) for approximately 22,500 square feet of land. The property is located on the east side of Hinano Street, approximately 100 feet south of its intersection with Hualani Street, Waiakea House Lots, Waiakea, South Hilo, Hawai`i, TMK: 2-2-034: 072. PROPOSED DEVELOPMENT 1. Request/Project Description: The applicant is requesting a Change of Zone from RS-10 to CN-10 to convert an existing steel-framed single-family dwelling currently under construction into an office and retail complex. The applicant is currently constructing a 7,000 square-foot, steel-framed single-family residential structure, which consists of two (2) 3,000+square-foot garages and a 1,000+square feet of living space. The applicant is proposing to convert the garage portions of the structure into a few bays and rent them for commercial retail/office space. The 1,000+ square foot single-family living area would either be retained for residential use or possibly used as an office. Parking will be provided on-site,which may include a minimum of 24 parking stalls as well as a handicapped stall. (Planning Department Exhibit 1 - Change of Zone Application) 2. Timetable/Cost: The applicant intends to secure the required construction permits and begin the renovation upon securing all development permits with a proposed occupancy by early 2015. The estimated cost of the renovation is $150,000, which would include site preparation,renovation of the structure, and installation of any upgraded and/or required infrastructure, including a commercial driveway and curb, gutter and sidewalk fronting the subject property. 3. Landowner: The applicant is the landowner of the subject property. -1- Re: Bill 278/Comm. 978 OTHER INFORMATION 4. Proposed CN zoning: • Height limit- 40 feet. • Setback- front, 15 feet; side yards, 8 feet. • Landscaping- required on all front yards; side yard requires a screening hedge not less than forty-two inches in height, within five feet of the property line, except for necessary drives and walkways. • Plan approval required prior to the issuance of a building permit to convert occupancy from single-family to commercial use. STATE AND COUNTY PLANS 5. State Land Use Designation: Urban. 6. General Plan LUPAG Map: Medium Density Urban. 7. County Zoning: RS-10. 8. Hilo Community Development Plan: The Hilo Community Development Plan adopted by Resolution No. 1 on May 21, 1975 designates this area as RM-4. 9. Special Management Area (SMA). The subject property is not located within the Special Management Area and is over 3,500 feet from the nearest coastline. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 10. Subject Property: The property is a 22,500 square foot parcel and improved with a new 7,000 square foot steel-framed single-family dwelling. The remainder of the property is cleared and graveled. According to the applicant, the project site has been in residential use for more than 80 years. The Department of Public Works-Building Division commented that the building permit for the single-family structure(B2012-0867H)has not passed Final Inspection and that the applicant will need to apply for a change in occupancy permit before Certificate of Occupancy can be obtained. 11. Surrounding Zoning and Land Uses: The land uses in the area are a mix of residential and commercial uses. Big Island Candies, zoned CG-20 and Manano Market Place, zoned CN-20, are located just south of the subject property on Hinano Street. There are several properties to the west along Manono Street that have been rezoned to CN-20 and several properties to the east along Laukapu Street that have been rezoned to MCX-20. -2- Immediately adjacent properties are zoned RS-10 and improved with single-family residences. 12. U.S.D.A. Soil Type: Keaukaha extremely stony muck, 6 to 20 percent slopes (rKFD). The Keaukaha Series consists of well drained, thin organic soils over pahoehoe lava bedrock. 13. Land Study Bureau's Productivity Rating: Existing Urban Developement. 14. FIRM: Zone "X", an area outside of the 500-year flood plain. 15. Coastal Hazards: The property is not an oceanfront parcel, and will not affect, or be affected by shoreline processes. 16. Recreational Resources: The proposed development will not reduce the size of the coastline or other areas used for public recreational uses. 17. Scenic Resources: The project will not affect the line-of-sight towards the ocean or the mountains. 18. Flora/Fauna: According to the applicant, the project site has been in prior residential use for more than 80 years. It is located within an urban environment close to commercial, industrial and residential uses, therefore no professional surveys were conducted. According to the applicant, the long-term residential use and established urban qualities in the project area make it poorly suited as a habitat for any listed or candidate for endangered species. The applicant does not believe that any rare or endangered floral or faunal resources are likely to be found within or proximate to the project site. 19. Archaeological/Historical Resources: No professional archaeological or cultural surveys were submitted with the subject application. By letter dated April 9, 2014, the Planning Department has requested for comments from the DLNR-SHPD. As of the date of this writing, no response has been received. 20. Cultural or Native Gathering Rights: There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. 21. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. -3- PUBLIC UTILITIES AND SERVICES 22. Access: Access to the project site is from Hinano Street, which is a County owned and maintained roadway identified as a collector. The Department of Public Works (DPW) has recommended that the applicant provide improvements to the property's entire Hinano Street frontage consisting of,but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation. The DPW states that the improvements shall be located in any future road widening setback established by the Planning Department. 23. Water: County water is available to the site. 24. Wastewater: The project area is serviced by a County sewer system. 25. Solid Waste: Solid waste will be handled by commercial haulers. 26. Essential Utilities and Services: Electricity and telephone services are available to the project site. County fire stations, police and emergency medical services are available to the area. AGENCIES' AND ORGANIZATIONS' COMMENTS 27. Department of Public Works: (Planning Department Exhibit 2—May 2,2014 and May 7, 2014 Memos) 28. Department of Water Supply: (Planning Department Exhibit 3—May 8,2014 Memo) 29. Department of Environmental Management: (Planning Department Exhibit 4— April 10 & 28, 2014 Memos) 30. Police Department: (Planning Department Exhibit 5—April 22,2014 Memo) 31. Fire Department: (Planning Department Exhibit 6—April 16, 2014 Memo) 32. DLNR-Land Division: (Planning Department Exhibit 7—May 6,2014 Letter) 33. Department of Health: (Planning Department Exhibit 8—April 25,2014 Letter) AGENCIES -NO RESPONSES 34. DLNR-State Historic Preservation Division. APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 35. The applicant has submitted several letters in response to agency comments. (Planning Department Exhibit 9—May 6, 10 & 22, 2014 Letters) -4- PUBLIC COMMENTS 36. As of this writing, the Planning Department has not received any written objections or comments from the general public or adjacent landowners on the subject application. -5- APPLICATION FOR COUNTY REZONING (RS-10 to CN-10) LK & RR ENTERPRISES, LLC Waiakea Houselots, South Hilo, Hawai i TMK: (3) 2-2-034: 072 Prepared For: LK & RR Enterprises, LLC Prepared By: Sidney M. Fuke, Planning Consultant March 2014 Planning Dept. Exhibit, ' D CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: LK& RR to r -•. LLC �� /_ l/ APPLICANT'S SIGNATURE DATE: 3/2 t h v ADDRESS: 282 Edita Street Hilo, HI 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: Lee Kunimitsu Managing Member PHONE:(Bus.) (Res.) 987-5732 (Fax) LANDOWNER(S): LK& ' : Ent-rp 's-s, LLC LANDOWNER SIGNATURE(S): DATE: 3/2-7 /' (May be by letter) LANDOWNER(S)ADDRESS: 282 Edita Street Hilo, HI 96720 REQUEST: Single Family Residential (RS-l0) TO Commercial Neighborhood(CN-10) (Existing zoning) (Proposed Zoning) TAX MAP KEY: (3)2-1034: 072 STREET ADDRESS OF PROPERTY: 547 Hinano Street Hilo, HI 96720 SIZE OF PROPERTY OR AFFECTED AREA(S)TO BE REZONED: 22,500 square feet AGENT: Sidney M. Fuke, Planning Consultant ADDRESS: 100 Pauahi Street, Suite 212 Hilo, HI 96720 TELEPHONE:(Bus.) 969-1522 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: LK&RR Enterprises, LLC • f ATTACHMENT Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1 . if your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? No If yes, please answer the rest of question I and then to question 3. a. How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? c. if your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you nave no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? 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 d. Keep it? Yes e. other (please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc. ) ; financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. Create bays for small office and retail operators 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 new steel-framed single-family residence is under construction. What do you intend to do with those buildings if your request is approved? Keep and convert it for the proposed uses. 7. Is the subject land currently being used for any agricultural activity? No if so, please list the kinds of products grown on and how many square feet or acres of land per product? -3- 8. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? yes NO a. Schools X b. Roads X c . Sewer X d. Drainage X e. Police Protection X f. Fire Protection X X g. Recreational Facilities X h. Recreational Facilities 1. -4- For those checked "yes, " please elaborate what type or kinds of improvements and/or assistance are needed. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. Signature: Address: 282 Edita Street Hilo,HI 96720 Telephone: -41101eS C\% 1 "" i3-4 Date: 3 /2 7 -5- 6338A/50A P. D. 5/84 COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST - RS-10 to CN-10 LK & RR ENTERPRISES, LLC WAIAKEA HOUSE LOTS, SOUTH HILO, HAWAII TAX MAP KEY: (3) 2-2-034: 072 I. INTRODUCTION The applicant, LK & RR Enterprises, LLC, ("applicant") wishes to rezone the subject site consisting of 22,500 square feet from Single-Family Residential (RS- 10) to Commercial-Neighborhood (CN-10) in the City of Hilo, Hawaii. The subject site is located on the east or"Airport" side of Hinano Street, one lot south or Puna side of Hualani Street. With a street address of 547 Hinano Street, it is also identified by Waiakea House Lots, Waiakea, South Hilo, Hawai'i, TMK: (3) 2-2-034: 072. If successful, the applicant plans to convert an existing building that is under construction as a single-family dwelling into office and retail space. IL PROJECT LOCATION As noted earlier, the subject site consists of 22,500 square feet and is identified by TMK: 2-2-034: 072. The site is located on the east side of Hinano Street, approximately 100 feet south of Hualani Street: There are other commercial uses proximate to and within 500 feet this site, including the Big Island Candies and a commercial retail complex to the south. (Figures 1 and 2) The subject parcel is rectangular-shaped parcel with a depth of 225 feet and a width of 100 feet. III. PROJECT DESCRIPTION The applicant is currently constructing a 7,000 square foot steel-framed, single- family residential structure on the site. A building permit (B2012-0867H) for this structure was issued on July 25, 2012. The approved plans reflect two (2) garages, separated by a 1,000+ square foot living area. (Figures 3 & 4) Having received requests for commercial office and retail space, the applicant felt that modifying the structure to make it conducive for commercial uses would be compatible with the evolving commercial type of uses in this area. As such, if the rezoning were approved, the applicant would convert the "garage" portion of the structure into a few bays and rent them for commercial retail/office space. The 1,000 square foot living area would either be retained for residential use or possibly used for office space. - 1 - ' ., hiii' Lunch Shop 4` eua��ein�Et _ �e .-- !;� ii g� Piil E: 1:s _ aria fit`. � .. . � _ V� , a .� _.. •�' J3 F' r Darn's Grill Fearial u4 `rL Ti4 f�" 3 , 11i f ky '' s i I 3� c ., .3Yf�a • 3 k i n � an .St ii- Teaci�inci Tea REG Federal ` i I • +� 1 Credi#Union , ; I :ar 3 8ffgi Island Volcano and Waters_ VI iil i /A .SiE t`+ 5?b 3 f a . . i Iaiko? t, , I I° �St I I i i' p 1 ' i i t ©2014 Microsoft cor .' I=� i? PROPOSED REZONING — RS-10 to CN-10 557 Hinano Street TMK: 2-2-34: 72 Figure 1 N o �= w _# i { ° p V , N kw v),vZ_— KLLJ < n j °u Z ~ k� =�Noh e ee o Fes. 1 vF a5 tzs • 9f 1 P 7d W t- /D-1�T.�°aK�.Prc4 °�` ;�%DYgd. �/ptl •k� V!P;yi air ,,/'�' .NI. 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Y. p "¢ ® +p;• , -s NII �t 6 �• T, aN8 D %. � . , ,r,,,,„_- W M '= 133 bL S °' '�.. ib o$'0 9DpD a'9 np >; c y� 6, ..NI I ,,,„ d NI ,Py° S_ a°N Q 1 cis 1 d/d e Z i te4 lg 8 h L. s rye S ,•,„?'' E 3'a, O ° i ill h: : Jw h � tv O ;st¢ op ;s It . - p: Figure 2 --- ,,,,. w.1 >,.s • _. £FF °N ems. • PROJECT ADDRESS: 547 HINANO STREET i nr vED TMK: (3) 2-2-034:072 D'I'------- T __- -retorConty oft R Flunnln \ DEPARTMENT OF.PUBLIC WOR -—- yREAR.YARD ? MIS�1�e2�£'gJWr'Feel 1 ENGINEERING DIVISION 'cv� Mln. 1.'7 F..1 I `l} (/DRIVEWAY' IN ACCORDANCE WITH REAR SETBACK Open a Unob.I,nA.4 .....\}. CHAPTER 22 OF THE HAWAII COUNP _ _� V`Space Ind - �� CODE,A PERMIT SHALL BE OBTAIN' l- -_ 5 R.qu _ -1 / FOR DRIVEWAY CONSTRUCTION WORK �, 1• WITHIN THE COUNTY ROAD RICHT-0I ■►e°°°°•►°e°eee°e°e°°°°°°°■°°■°°a �"v_� GRADING, ALL EARTFAIORK AND GRI ' 4I4►e°e°ee**°ep°gyp°°°� I SHALL CONFORM TO CHAPTER 10 OF ►°e°e°�►eeeeee®°eee°eee°e°e, I HAWAII COUNTY CODE. A PERNITI •°•°••►•°•°•°�°�°�°�°�°p°��►�� I GRADING. FOR LOT GRUBBING M ►° °°►O°°pe,°°e°pOe°°O I seei►°e °ee°°� I DRAINAGE: NO ADDITIONAL RAINFf • °e°e°�°e e°e e e°e°e e e, - RUNOFF GENERATED BY THIS PROIEC .- . ',O°4.40 °*�►°e°. : I SHALL AYE DISPOSED OF ONTO COIIN1 Il ►e°°•►000°O°e0°e Oe , I ,✓` 1 f Ii eeeeeeeeeeeeee' CONFOft 0 CIU TER 27'ifF THt W �' ►e�i��'C�iiiiO�ii°iii I ROAD AY: CHECK WITH HIONWAYI e°°4►eeeeeeeeee� ►°eeee4►eeeeeeeee°e°e°eee°eee, - --. I DIVI51.N IF ROADWAY IS MAINTAIN' l►°°°eeee°°e♦ee°. �.�, BY C.NTY OF HAWAII F ° 4►♦e♦°♦e°♦eee . ....�„ .. ►�e�e �° °° °°�°' .. SIDE YA'�!e�i►►�►A°�°�°°��°�°�e�°� i Au s'toLs�ARD ; .. MI narnnr-ntt Dx rI - -h r�II ►e+:eeeeeeeeeee♦ ■ Ibak11 --d I ENGINEERINGitIVISIOI•M's:l a,R e'lj.•C i i i°i°°i i . ' I Cps I �r�. Min. MI I t, tit•►°e°e°e°e°e°e°e°e°e°e°� ° i Opin a unob.i J od i R IEWED BY, L w o.n a una6A P�'g i A•° ° � O�°°�°� jP W R gnIr• ) ;r, D A E: JUL 2 cjj pock Requl..- .4.� ::: 5 .°.. 1 .- •�........ °�e,.� eae a°e°ee a°�♦e°� ieeeeeeeeeoeeee' i°DOi►°e00°OOe°e0°Oe• ' }. . ee■►eeeeeeeeee� ►e�ee�ee�►eeeeee,►ee4,41, °eee°e• I I , Ce e�e4►O�e��eme�e�e°p�°�e�� I Y ►� i° p�e°°esep� °°e� ,.. . ►O sev.4 . .eeeee o ...* ,►e ,ee ° ° °►ee°eee°ee°°ee°°ee°°°°. N s•e e•0 a e •e e e e ee • e°i°e°►°OOe°e°e°e e � ►e°e0�►OO°e°sOL°e°°°ep°i . 1 i i ►ei°e° .a°.►..°i°i°i ♦eeeeeeeeees �♦eeeAt, . ° eeeee� ° ��e �A*S*eee°/!!71TRl1CTURES OASSURE PROPERTYPROPER LINES CI' I 1 L •°°°°e�►°e°e °°°°°°e°ee4 1O'_O" ►°ee°,�,1►°e°°°°e°®eee°eeee°e°e� I �----_.___' ►De°e•°e°e°a'►e°e°e°°°°S 4' ►° �COO°°O°O°e°e°°°°. I I ; ;e.:;s4s.s...Op;:::..; I ! . °e°l►eeeee°eeee°ee ►eeeeeeeeeee4 • ° pe e e° p e�°° I l _ s •° i 0 - 3►. Ase = 0 . 4,10.-0- iv-D" X41 01 e�e a0' D�e�e��1 as'•D d ` 3 • ..40..:∎„4e.;.. ...e!i J I ? -7(` /l( FRONT SETBACK # , 12,-- � A • o Y • FRONT YARD ... I N . N Mln: .. Fh1 }" n S.Ibock,R.quIrej . L __ • ___—___—_ Min: �.. �FCdt - _ .. i pin 6La kthu?Sd Space RequlrelT — L Inn rin' .- -- Figure 3 U1❑ Y ! Q O` N . .0•• - - _1 a, ti. Q U 1 D_ d a j c D 1 m m 3 v t6 a� N L i ' i H _ !� I +. -..H I . w L I p ! -G I1. i .• I ! Ci , i H I— !1-- H ' 1 I PRIVATE GARAGE 2 - i o1 I j 2998 SF I1 li I - I I II �.. --• - Zl • Fq I- H 0 DWELLING 1 SEPERATED _ :I I / BY WALL PER • I / IBC 2006 I.. SECTION i 406.1.4 ___- 1 Area I'--- i• • 1:106 S- I, I. • I � �: SOLAR HW ------ I � I: 'PANELS ;I I LIVI C AREA ! ' I, __ Ir 0 li 7r6 SF I sue.- . � ��^ - - -_ i f?'` U1• I ,1,.__ ; I s. •.C-• DWELL ING- I. i C1)• • SEPERATEL7 I. t - I - 1 J L-L._� I I BY WALL PER I I .• :.... — 1 I i • . IBC 2006 , , . I i-; F i a .:. .j,.•SECTION al • 406.1.4 I I I 1. ' : i' I I y p• E GARAGE ai 8 2998 SF I 1. ; • • 1- • H • I, . . ' i as I gi I . is • • I � I ; 1• • j . - 1 k • _ -a-- -_-.,.. -- 1 I -;ROSS BUILDING AREA PLAN ROOF PLAN • U16" 1'-0" �`J 1/16"=1'-0". •• 1-- _ . • . . Figure 4 • The applicant understands and fully intends that such a commercial conversion will require compliance with all commercial land use and development codes such as Plan Approval, parking requirements, landscaping provisions, fire and ADA requirements. In that regard, tentatively, a minimum of 24 parking stalls, including a handicapped stall, would be provided. Further, landscaping as required by Planning Department Rule 17 would be provided. (Figure 5) IV. TIMETABLE AND COST The applicant intends to secure the required construction permits and begin the appropriate infrastructure improvements upon securing all development permits. Renovation of the structure would commence immediately after receipt of all necessary approvals, with proposed occupancy by early 2015. The estimated cost of the basic infrastructure and on-site improvements will be in around $150,000. This cost would include site preparation, renovation of the structure, and installation of any upgraded and/or required infrastructure, including a commercial driveway and curb, gutter, and sidewalk fronting the site. V. INSTITUTIONAL CONSIDERATIONS A. State Land Use The State Land Use designation for the properties is Urban. As such, a land use boundary amendment for the requested CN-10 zoning is not needed. B. County General Plan The County General Plan Land Use Pattern Allocation Guide Map ("LUPAG") designation is Medium Density. The proposed CN-10 zoning is consistent with that designation. It should be noted that the Industrial designation stops at Laukapu Street, one street east of Hinano Street. C. Hilo Community Development Plan The Hilo CDP was adopted by the Planning Commission in 1975 over 25 years ago and intended to further define the General Plan and provide short and middle range implementation strategies of the General Plan. Since the adoption of the Hilo CDP, there have been significant land developments in the City of Hilo, including the shopping complexes in and around the Puainako/Kanoelehua Intersection, expanded commercial uses near the University complexes and commercial/industrial uses along the southern portion of the Waiakea Houselots area. These developments render many of the CDP land use concepts obsolete. - 2 - A a --11 .nom.. ao 001 ---� ,000a9€ a-= ki . - m . N i I \\\\\\\ _ \ ' n i\ { \ �/ M J ` \ .. 11i 2 _) ... o \ k.) \ dj -) a \ i \ _• ,� I o Z.• �, ►—•N \ \ d--°? N ,V N• \ m * S• N. - L -0 \0 . \ N o �. . o — \ 8 --). o \ 3 b i 0 - u \ \ 'r 6 0 . / ' 0 \ \ \ Cpl I c 0 t• \ \ .\ .0 N \ .- \ \ -- 130 tv \ t9 U : Z � ..\ ill --\--,\\\\\\\\\\ Z IL . „o-i I I „o- o- U N N ,,a-,o-6 "I wo-,01•- 1,47-147Z- N 0 c:20-001 -4—i0Oo4�3� Z z t6' it yr+-w-ivriiH .Laai 11s aNVN I-1-+ vo rl-vrIN4a1 " N 6 IN ZEE 1t z _ N Ltc - <li u I Y Figure 5 0-Y z 4- lll Although the document was reviewed by the County Council, the CDP was never adopted by ordinance. The CDP's Land Use Concept Map identified this area as RS-10, which is inconsistent with the County General Plan LUPAG map. The LUPAG map has been amended three times to reflect the current environment of the Waiakea Houselots area and nearby areas. As such, some of the planning assumptions reflected in the 1975 CDP are now obsolete. The GP LUPAG map therefore is a more accurate land use depiction of the affected properties and surrounding lands. The'County Charter requires all change of zones to be consistent with the designation in the General Plan. In this case, the GP LUPAG designation is Industrial, and thus, the requested CN-10 zoning would be consistent with the Medium Density designation. D. County Zoning The property is zoned Single Family Residential 10,000 square feet (RS- 10). However, over the past decade, various rezonings in the area to commercial or industrial-commercial mixed uses have been approved. Properties within 500 feet along Hinano Street have been recently rezoned into the CN or CG districts for restaurants and retail shop. Properties along Laukapu Street have also been rezoned into the MCX district. (Figure 6) As such, the surrounding area has been transitioning from single-family residential to commercial and industrial uses. E. Special Management Area The property is not located in the Special Management Area ("SMA"); as such, no SMA Major Permit is required. VI. ENVIRONMENTAL CONSIDERATIONS A. Project site The project site consists of a rectangular-shaped parcel consisting of 22,500 square feet. There is a new steel-framed single-family dwelling under construction on the subject site. As such, the site has been totally graded and/or cleared. B. Surrounding Properties Located within a 1/2 mile radius from the project site are various zoning designations including General Commercial (CG), Single-Family Residential (RS), Neighborhood Commercial (CN), Limited Industrial (ML) and Industrial-Commercial Mixed (MCX). (See Figure 6) The Big Island Candies and a restaurant/retail complex are located less than 500 feet of the subject site and are zoned CG-20 and CN-10, respectively. Two - 3 - 9 :-:''',..'''',-,--:•: :: ' :4-2/,*%P.,,.■ * .- • - ' '• •'' ' •• r ,,,x7,- , . --,-.:..... ,..3? -4,oim --,-.44iiip..- _ - _ : ..: ,,,,. ...•.„, ... .,,,z,,,,,,.:, ;Jf , 4 '''L'..:..:Subject Site >' �� ... y Q�� u1 rd34' ..t4,, � .� i ��, a ■ 44 c*. 4,—,!"-. '":I..,. . g!i.1;4.i.. Pal** t'i, 7 .,.„ 4.'4% 41 4---.2e4 -,'. ' .:-•'''T.--; ''.-:-'. kg -- -- -'-'-''• . - t.f-,--' 441w I,4414k %4P -'''..'..,':.:z.... :•:.,,,,:.,7 ,J,. .•-• ,..1 ._:: ... ith,% '4* 4* 4,44W. '-',-.' ,'T;TY -'-i',',(,;:i:',:ff,,':::.-.',,1-:1 IPITAg; * •T•-::::::;:,../ ._,::-:.•::::-.:::-.---'2.:::::::-...i...: -:::::::::,:: 4*0 ■/* ■.-:-.„......;,' 4.:.:::::,,'.:',•:-.. ::, ::,,..:,..,_.:,-.:..:,,,,,::: **W47*E* ::- : '.:// .,.'-'::.::::.:::-':' ''''',',.':i.:„:::1'...';':::;;;:.'-il'i::!-.:a ^� lt-1.::-174‘ri.k • 4 •::•::1/4t it i ; J :k f**/0, ,7W.; ..ftp-,., ., � n Zw ,s S C �. 'r '„,::.„4,,--,;,, / 0* ,,,,„,.,,,,,:„...,,,,, y #7.ph„ . , 4 W / 7 , -7 , t n/t �` �� i �. .� > / �;� l �+,� °, ,,:.,,,,,„...,.. . ., .,:::::„,,:::::,„:„, .✓� _ I , ..q '=1P4',,,,,,:!..„.-4.01 ,..'�"°" nth x, ' �J J iw.'; fi oi y ----,4,-- 44.„.114%.,-- , --•-• :.• ' ., 4,,,,... ,..._ ,,..„_:., „..,.....„ Figure 6 7401Ait ‘' properties less than 500 feet away to the east and along Laukapu Street were recently rezoned MCX-20. A potato chip factory, quilt shop, various office uses, condominiums, church, offices for the County of Hawaii Department of Water Supply, and IEG Federal Credit Union are located proximate to the site. Further to the north is a self-storage facility, and the Best Store, Aloha Petroleum and real estate offices are located on Kekuanaoa Street to the east. The requested zoning is thus consistent with the evolving mix of commercial and industrial land use patterns in the area. C. Climate, Soil and Topography According to the State Commission on Water Resource Management, the closest rain gauge in this area is the Hilo Airport. The annual median rainfall for this area is approximately 131 inches. The average daily temperature ranges from a minimum of 61 degrees to 79 degrees Fahrenheit. Wind patterns are generally easterly during the day and westerly during the evenings. The property is located approximately 20 feet above mean sea level, and is fairly level. The Natural Resource Conservation Service's Land Study Bureau Overall Master Productivity Rating designates this site as Keaukaha Series (rKFD), which is extremely rocky muck; well-drained thin organic soils overlying pahoehoe lava rock. The runoff is medium and the erosion hazard is slight. The project site is unclassified under the Agricultural Lands of Importance to the State of Hawaii ("ALISH") classification system. This classification does not recognize this site as being agriculturally important. D. Natural Hazards 1. Drainage The Federal Emergency Management Agency (FEMA) Flood Insurance Rate map (FIRM) identifies the project area as Zone "X" (areas outside of the 500-year flood). There are no existing drainage ways on the site. 2. Volcanic, Earthquake and Tsunami Hazards According to the United States Geological Survey maps, the project site is located within Lava Flow Hazard Zone 3, on a scale of ascending risks 9 to 1. The entire City of Hilo falls in the Zone 3 category. The Building Code designates the entire island of Hawaii -4 - Earthquake Zone 4 and contains certain structural requirements to address the relative seismic hazard. The site is located in the County of Hawaii Civil Defense Agency's Tsunami Evacuation Zone. Nonetheless, the applicant will adhere to any County or State procedures if required to evacuate. 3. Flora and Fauna No professional flora or fauna study was conducted of the project site. Due to the developed state of the project site and its immediate surroundings, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found within or proximate to the site. The project site has been in residential use for more than 80 years. Plant species found on the site and within the surrounding vicinity are introduced landscaping. The long-term residential use and established urban qualities in the project area make it poorly suited as a habitat for any listed or candidate for endangered species. Fauna birds observed within the project site and vicinity include the Japanese White-Eye, Yellow-Billed Cardinal, Zebra Dove, Common Myna, House Sparrow, and House Finch. Domestic mammals such as cats and dogs and other animals such as mongoose and feral cats are common to the area. None of the species are rare or endangered. Due to the surrounding established urban uses, it is highly unlikely that the site would serve as a habitat for rare or endangered animal species. 4. Flood and Coastal Hazards The Federal Emergency Management Agency ("FEMA") designates the project site as Zone "X", areas outside the 500-year flood plain and not shown on Flood Insurance Rate Maps on file with the County Department of Public Works. Although the site is located in Zone "X", the Applicant will adhere to any County and State requirements related to tsunami and coastal evacuations. Although the site is located outside of the tsunami evacuation zone, the zone is located directly across or west of the subject site along Hinano Street, as well as at Hualani Street to the north. As such and inasmuch as the lines are somewhat arbitrary, appropriate precautionary measures will be taken. - 5 - 5. Noise, Air Quality and Dust Generally, air quality is affected by regional and local climates as well as the amount and type of human activity in a given location. No large, stationery sources of air pollutants and no major industries are located within the project area. Air quality in the vicinity is most affected by emissions from natural and vehicular sources. Existing ambient noise in this area includes wind, foliage and traffic on Hinano Street and Kekuanaoa Street, the latter serving as a major thoroughfare in this area. In addition, the project site is located near the Hilo International Airport and is subject to noise associated with air traffic. Although the project would slightly increase traffic in the area, it is not expected to generate significant levels of air pollutants as only discernible air quality would be associated with traffic to and from the site. The proposed development should not generate any direct air impacts. As the project itself is not expected to generate adverse air pollutants, the only air quality impact would be associated with vehicular traffic to and from the site. While the added traffic will have an impact to the ambient air quality, the impact should not be significant. This is due in part to the higher EPA standards for vehicular air emissions and the prevailing trade winds. There will be short-term noise impacts during the renovation of the building. To mitigate this impact, the renovation will be limited to daylight hours and weekdays. Contractors will be required to comply with established State Department of Health guidelines and standards relating to noise and emission controls. Given the existing ambient noise and existing urban environment, the proposed request would not have a significant noise impact to surrounding properties. 6. Water and Coastal Resources The project site is located more then one mile from the coastline. Coastal impacts:resulting from discharge or drainage systems from the site should not be significant. As a non-coastal property, no coastal access is required or will be affected. - 6 - The area is currently serviced by,the County of Hawaii sewer system and the proposed development will maintain connection to this system. This should further reduce potential adverse groundwater or nearshore water impacts resulting from this project. If needed, prior to the installation or use of any drywells on the site to address on-site drainage concerns, the appropriate UIC permit from the State will be secured 7. Scenic and Visual Consideration In the Natural Beauty element of the General Plan, there are sites or areas listed as scenic resources. The properties are not listed as a scenic site. The property location provides for views of Mauna Kea in the mauka direction. 8. Cultural Resources In view of the Hawaii State Supreme Court's "PASH" and Ka Pa'akai 0 Ka'Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices on this site. In this situation, the properties are not adjacent and/or proximate to the shoreline; as such, native gathering rights and coastal access is not an issue. Although the property is fully developed and has been used for residential purposes, the requirements of the Hawaii State Supreme Court's criteria in the Ka Pa'akai 0 Ka'aina case must be addressed. It is not known whether the properties or immediate area was used in the past for the gathering of plants by native Hawaiians. However, as the site has been cleared and improved with a dwelling, it would appear highly unlikely that the site would be used for gathering purposes. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the Applicants intend to respect and honor such claims and provide the needed access to the project site. • The project site is not listed on the Federal and State Register of Historic Sites or identified as a historic site in the County of Hawaii General Plan Historical Element. Since the site has been fully developed with a single-family dwelling, there are no observable traditional and customary native Hawaiian practices being exercised on the site. - 7 - • As no valued cultural, historical or natural resources and no traditional and customary native Hawaiian rights were found or are practiced on the site, these rights will not be affected or impaired by the proposed use. There is no feasible action to be taken by the Windward Planning Commission other than to require that if in the future, any valued cultural, historical, natural resources and/or traditional and customary native Hawaiian rights are discovered on the project site, the applicant will report the discovery to the State of Hawaii, Department of Land and Natural Resources, Historic Preservation Division for review. 9. Historic and Archaeological Resources Most of the historic sites of South Hilo have been destroyed by agriculture, urban growth, and natural changes in land forms. The properties are not among those listed as historic properties in the Hawaii State Register of Historic Places, have not been determined to be eligible for inclusion in the National Register of Historic Places, and is not profiled as a significant cultural and/or historic site in the General Plan within the South Hilo district. The applicant's consultant will request a letter of no effect from the State Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD). Although the property is not among those listed as historic properties in the Hawaii Sate Register of Historic Places, if, during the course of improving the site, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicant will immediately notify the Planning Department. E. Infrastructure 1. Road and Traffic The existing single in/out access will continue from Hinano Street. Hinano Street is a County-owned, 2-lane road with a right-of-way of 40 feet. As with other rezoning in this area, the applicant would be willing to provide its share of roadway improvements by foregoing 5 feet of its property fronting Hinano Street. The applicant understands that as a guide, curb, gutters, and sidewalk fronting a commercial site have been desired. As such, in most instances where those improvements do not exist, as a - 8 - condition of the zone change, such a requirement has been made. The applicant understands this and, if required, will have this installed prior to issuance of an occupancy permit. Relative to traffic movements, the proposed 7,000 square foot_ structure should not reach the 50 movement threshold for a traffic impact analysis report ("TIAR"). According to the Institute of Traffic Engineering manual, the manual used by traffic engineers in preparing a TIAR, the PM peak for a shopping center is 3.73 movements per 1,000 square feet. Based on the 7,000 square foot structure, it is anticipated that there should be around 28 movements. Please also note that the AM peak is not really relevant or applicable for commercial projects of this nature, as consumer traffic generation usually occurs after the AM peak hours. Please also note that the required parking —which is based on traffic generation — also calls for 24 parking stalls. Hence, under both scenarios, the 50 movement threshold for a formal TIAR should not be met. 2. Utilities Essential utilities such as telephone and electrical services are currently available to the site 3. Water County water is available to the site. If approved and if necessary, the applicant intends to secure the required water commitment from the Department of Water Supply. However, the applicant believes that the existing 5/8-inch meter yielding a maximum daily use of 600 gallons per day should be sufficient for the proposed retail and office use. However, if a 1-inch meter is required, one will be secured. 4. Solid Waste Solid waste will be handled by commercial haulers who will dispose the refuse at the County landfill in Hilo. During the construction renovation phase of this project, efforts will be taken to minimize disposal and waste will be discarded at approved disposal sites. 5. Wastewater The project site is serviced by a County sewer system. The applicant intends to maintain connection to this system. - 9 - 6. Essential Services As this project area is already part of an urban area, services are available in close proximity to the site. Police and fire services are located less than two miles from the site. Hilo Medical Center is located approximately three miles from the project site. As the project is for a commercial use, it should have little or no direct impact to schools, parks and other related facilities. No extension of government services would be required, and existing facilities should be sufficient to accommodate the demand from this project. F. Environmental Assessment and Analysis RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF THE ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY The short-term use of the subject site would most likely be the same as the current use as a single-family residence. The use of the site will transition into commercial use upon approval of this application. This project should not result in any significantly adverse short or long- term impacts that cannot be properly mitigated. There will be direct and indirect economic benefits resulting from the implementation of this project. The project will generate increased tax revenues that can supplement the State and County's fiscal resources. Due to its location, this project will provide a service that can be made reasonably accessible to the immediate neighborhoods and surrounding commercial and industrial areas. The required infrastructure, if necessary, will be implemented by the applicant to mitigate potential impacts of this project. IRREVERSIBLE AND IRRETRIEVABLE COMMITMENT OF RESOURCES The project site has been extensively disturbed. As such, the commitment of natural or other resources such as botanical, avifaunal, and archaeological, would not appear to be significant. MITIGATIVE MEASURES The applicant intends to provide any required off and on-site infrastructure in conjunction with the development of this project. These may include an - 10 - on-site drainage system, landscaping, road, water, and wastewater improvements, in conjunction with the permitting and permit implementation phases of this project. Off-site traffic-related improvements to Hinano Street fronting the subject property will be provided, if necessary. Any inadvertent archaeological discoveries during any phase of the project will be reported to the Planning Department, and appropriate mitigation measures will be taken. Appropriate landscaping consistent with the Planning Department's Rule No. 17 will be incorporated on the project site. ALTERNATIVE TO THE PROPOSED PROJECT The property would remain in its present state. Under this scenario, the site would not be utilized to its highest and best use, as envisioned by the General Plan and the commercial and residential growth of the general area. An evaluation of the environmental impacts of all reasonable alternative actions, particularly those that might enhance environmental quality, avoid or reduce adverse environmental impacts, costs and risks, was performed to assess options that might enhance environmental quality and cause fewer detrimental effects. NO ACTION ALTERNATIVE The "no action" alternative will result in no physical change to the property and the land will remain unaltered. The site would remain in its present state. Under this scenario, the site would not be utilized to its highest and best use, as envisioned by the General Plan and the commercial and residential growth of the general area. This alternative will not allow the objectives of the General Plan to be achieved and would deny the public the socio-economic benefits associated with the project. Under the "no action" alternative, no sources of income will be brought to the owner and consequently no increase in government revenues from higher property taxes will be realized. ALTERNATIVE USES The current zoning for the property is Residential 10,000 square feet (RS- 10). Under this alternative, based on the Ohana Dwelling provision of the Zoning Code, the subject parcel could support and additional dwelling. That would be consistent with the LUPAG Medium Density designation. Another alternative would be to utilize this site for a more dense residential use, such as multiple-family residential. - 11 - EVALUATION OF ALTERNATIVES Leaving the property in its current state would not maximize the use of the land. The property may be used for residential purposes. However, as Waiakea Houselots is transitioning from an exclusive residential to a mixture of commercial, industrial, and residential uses, the proposed conversion of a dwelling into an office would be consistent with this trend and help make this area a more successful mixed use community. Relatedly, the commercial zoning and conversion of the dwelling would enhance rather than diminish tax revenues. Further, if needed, Infrastructure improvements— such as a curb, gutters, and sidewalk, could be made fronting the property — making it conducive for pedestrian movements. Finally, the proposed rezoning would provide an opportunity for a real estate and property management office to better serve the community and immediate neighborhood. VII. REGULATORY ANALYSIS A. General Plan The General Plan provides for the long-range comprehensive development of the Island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site as Medium Density, a designation that allows the requested CN-10 zoning. Accordingly, this request would be consistent with the LUPAG Map. The requested zoning would be consistent with the goals, policies and standards of the Economic and Land Use Elements of the General Plan. Specifically, the more pertinent ones follow: Economic Element Goals: • Provide residents with opportunities to improve their quality of life. • Economic development and improvement shall be in balance with the physical and social environments of the Island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. - 12 - Economic Element Policies • The County shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. Land Use Element (Commercial) Goals • Provide for commercial developments that maximize convenience to it users. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Land Use Element (Commercial) Policies • Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. • The development of commercial facilities should be designed to fit into the locale with minimum intrusion while providing the desired services. Appropriate infrastructure and design controls shall be incorporated into the review of such development. Land Use Element Standards • Commercial development shall be located in areas adequately served by transportation, utilities, and amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. • Off-street parking and loading facilities shall be provided. • Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. • Preference shall be given to commercial lands with a reasonably level topography. Discussion and Conclusion If approved, the project would provide additional commercial opportunities - 13 - in the Hilo area. Its location is ideal to service the community and is proximate to existing commercial, industrial, and residential uses. All required infrastructure is in place and/or would require minimal modification. If development of infrastructure is required, it would be provided by the applicant without taxing government's servicing ability. The project site has limited on-site developmental constraints. Due to its prior residential use, archaeological, floral, or faunal concerns should be minimal or non-existent. There may be a potential for some endemic birds to visit this area. The development of this site would not remove an existing critical habitat. Furthermore, if there are inadvertent archaeological features discovered on the site, work will stop and the State DLNR and County Planning Department will be consulted before further activities occur within the affected area. Assuming this request is approved, the site will be used for commercial purposes. All structures and improvements would be developed consistent with the Zoning and Building Code. No variance from the Code is anticipated. B. Hawaii State Plan Chapter 226, Hawaii Revised Statutes, outlines the long-range goals and policies of the Hawaii State Plan. The Plan is intended to serve as a guide for the growth and future long-range development of the State. The request is consistent with the following goals of the Plan: • A strong, viable economy characterized by stability, diversity, and growth that enables the fulfillment of the needs and expectations of Hawaii's present and future generation; • A desired physical environment characterized by beauty, cleanliness, quiet, stable and natural systems, and uniqueness that enhances the mental and physical well-being of the people; • Physical, social and economic well-being for individuals and families that nourishes a sense of community responsibility and caring of participation in family life. The proposed project would achieve these goals and would provide both direct and indirect employment opportunities for current and future residents of the island; contribute to the island's overall tax base and increase both State and County revenues, and complement and support other economic uses. This, in turn, will contribute to the stability, diversity, and growth of local and regional economies. The employment opportunity would come without adversely affecting the environment. Impacts to the surrounding areas would not be significantly - 14 - affected. All required infrastructure will be in place prior to occupancy of any portion of the project. The provision and/or retention of natural landscaped buffers around the perimeter of and selected portions within the project site would also help mitigate any adverse visual and noise impacts to neighboring residential properties. Impacts to the surrounding areas would also not be significant. All required infrastructure is in place, including traffic improvements, wastewater and potable water system. Any required improvements will be undertaken by the applicants at no cost to taxpayers. • C. Hawaii Coastal Zone Management Program The objectives of the Hawaii Coastal Zone Management (CZM) Program are outlined in Chapter 205A, Hawaii Revised Statutes. The principal goal is to assure the protection and maintenance of the State's coastal resources. Although the entire State falls within the CZM area, the permitting process is geared for those areas proximate to the coast and identified by the County as the Special Management Area. The proposed project will not have any substantial adverse environmental or ecological effect. Any effect that may result will be minimized to the extent practicable and will be clearly outweighed by public interest. The proposed development would be consistent with the objectives of the CZM program. Specifically, • The proposed project will not have any substantial adverse environmental or ecological effect. • The proposed project would be consistent with the objectives of the CZM program, specifically: • There would be no impact to the area's recreational resources. The property is not an oceanfront property; • Because of the property's historical residential use, the project site should not have any remaining historical resources; • The Project will not affect any scenic and open space resources; • The coastal ecosystem will not be impacted; • There will be more employment opportunities, and furthering the economic use of the site; • The site is more than a mile from the shoreline and there would be no coastal hazard or beach erosion or marine resource impacts; • Public participation will be achieved through the hearings on this request. - 15 - Thus, the proposed development would be consistent with the State Land Use Laws and Regulations, County General Plan, Hawaii County Zoning Code, and other appropriate regulatory rules. D. Hilo Community Development Plan As noted earlier, the Hilo CDP was adopted in 1975 by the Planning Commission to serve as a guide to the General Plan. Although the situ is designated RS-10, many changes have occurred over the past 25 years, making many of the planning assumptions obsolete. E. Zoning If the request is approved, all requirements relative to height, setback, landscaping, and parking, and the like would be complied with. No variances from the Code are anticipated. - 16 - DEPARTMENT OF PUBLIC WORKS '5 COUNTY OF HAWAII HILO, HAWAII DATE: May 2, 2014 Neleffilitafttlearn TO: Duane Kanuha, Planning Director FROM: U'"J Department of Public Works, Engineering Division SUBJECT: CHANGE OF ZONE APPLICATION (REZ 14-000174) Applicant: LK & RR Enterprises, LLC Request: RS-10 to CN-10 Tax Map Key: 2-2-034: 072 We have reviewed the subject application forwarded by your memo dated April 9, 2014 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 property is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. The Zoning Map(Ordinance No. 187)classifies Hinano Street as a collector with an exiting right-of-way width of 40 feet and asphalt pavement in good condition. Based on the proposed zoning,we recommend the applicant provide improvements to the m O subject property's entire Hinano Street frontage consisting of, but not limited to, pavement N widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting the requirements of the Americans with Disabilities Act g �. and the approval of the Department of Public Works. The improvements shall be located •E within any future road widening setback established by the Planning Department. v s X Install streetlights and traffic control devices as may be required by the Traffic Division, a' Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Questions may be referred to Kelly Gomes at ext. 8327. MAY 8 -. 2O ' Li;l`� ,: 09 .15" _. County of Hawaii is an Equal Opportunity Provider and Employer - r +r ...,., ,., s : William P.Kenoi 'i A" "r?" Fp : F '..---,;1%11.9 !Ott..,, Warren H.W.Lee Mayor r m 'G� . •��'� Director Walter K.M.Lau 2014 l'ti t --l Ft j L �t *i Brandon A.K.Gonzalez Managing Director '•� Deputy Director ., �OF Hp LntxnfV of Paiumil DEPARTMENT OF PUBLIC WORKS Aupuni Center 101 Pauahi Street,Suite 7•Hilo,Hawai`i 96720-4224 (808)961-8321 •Fax(808)961-8630 www.co.hawaii.hi.us May 7, 2014 From: Kelly Wilson Non-Residential Plan Examiner Building Division Subject: Change of Zoning Application (REZ 14-000174) Applicant: LK & RR Enterprises, LLC Request: RS-10 to CN-10 Tax Map Key: 2-2-034:072 In review of the submitted packet, the residential structure listed on 2-2-034:072 is permitted per our records, permit number B2012-0867H. Though it appears to date it is under construction and has not passed Final Inspection. For the proposed Commercial Use, a change in occupancy is required and shall be obtained prior to occupancy. • Any questions please contact me at 808-961-8472 or kwilson @co.hawaii.hi.us. COCA Nk , •• t ' t9 ... zr ,ii .- A_.:;fig County of Hawaii is an Equal Opportunity Provider and Employer. OF"WATERS= 9 X19 4E , 19 X49 DEPARTMENT OF WATER SUPPLY • COUN'TY OF HAWA `1 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 20111-00 7-j An n: 29 May 8, 2014 TO: Duane Kanuha, Director Planning Department FROM: Quirino Antonio, Jr., Manager—Chief Engineer SUBJECT: CHANGE OF ZONE APPLICATION (REZ 14-000174) APPLICANT—LK& RR ENTERPRISES,LLC REQUEST: RS-10 TO CN-10 TAX MAP KEY 2-2-034:072 We have reviewed the subject application and have the following comments and conditions. Water is available from an existing 6-inch waterline within Hinano Street fronting the subject parcel. There is an existing 1-inch service lateral to the parcel capable of accommodating a 5/8-inch meter, which is limited to an average daily usage of 400 gallons. The Department has no objection to the proposed Change of Zone Application, subject to the applicant understanding and accepting the following conditions: 1. The Department requests that the applicant 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 estimated peak flow in gallons per minute and the total estimated maximum daily water usage in gallons per day, including all irrigation use. Based on the water usage calculations provided above, if the existing 1-inch service lateral cannot accommodate the estimated demand, a larger or additional meter will need to be installed, and remittance of the prevailing facilities charge,which is subject to change,will be required. 2. The proposed zoning will require the installation of a reduced pressure type backflow prevention assembly by a licensed contractor,within five(5)feet of the meter on private property. If a larger or additional meter is required, a backflow prevention assembly will also be required for that meter. The installation of the backflow prevention assembly(s) must be inspected and approved by the Department before commencement of water service. 3. The existing 6-inch waterline within Hinano Street is not adequate to provide 2,000 GPM of flow for fire protection, as required per our Water System Standards for the proposed type of land use. However,there is an existing fire hydrant near the intersection of two 6-inch waterlines and within 150 feet of the parcel. The applicant should contact the Fire Department to determine any other fire protection requirements. Planning Dept. Exhibit. :..� t ': ed ;s . . .`Water, Our Most Precious resource . . . Ka`INai. pane . . . 0 9 .� il ( The Department of Water Supply is an Equal Opportunity provider and employer. '°-- w� Mr. Duane Kanuha, Director Page 2 May 8, 2014 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. Should there be any questions, please contact Mr. Larry Beck of our Water Resources and Planning Branch at 961-8070, extension 260. Sincer .. yours, Quinn Antonio,Jr.,P.E. Manag -Chief Engineer LEB:jms copy— LK&RR Enterprises, LLC Sidney M. Fuke,Planning Consultant -40?!y.-' /.• r' * William P.Kenoi " '�� BJ Leithead Todd Mayor 'i _; Director 20111 ' 7.1 r:; 1: 9 �,;��. Walter K.M.Lau '• •N,+� • John A.Medeiros •Managing Director Deputy Director (1tuiznt r of c .ucnat`t DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street,Suite B • Hilo,Hawaii 96720 (808)961-8083 •Fax(808)961-8086 http://www.hawaiicounty.govienvironmental-mananment/ MEMORANDUM Date : April 10,2014 To : DUANE KANUHA,Planning Director From: BJ LEITIIEAD TODD,Director t'&2 Subject: Change of Zone Application(REZ 14-000174) Applicant: LK&RR Enterprises,LLC Request: RS-10 to CN-10 TMK: 2-2-034:072 The Solid Waste Division has reviewed the subject application and offers the following recommendations (Please note Wastewater Division's comments will submitted separately): DEPARTMENT COMMENTS: ( ) Wastewater Division had no comment as this area is not a sewered and there are no immediate plans for sewering of the area. ( ) Other SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) (x) No comments ( ) Commercial operations, State and Federal agencies,religious entities and non-profit organizations may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( ) Ample and equal room should be provided for rubbish and recycling. ( ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer 04 stations,or other suitable diversion programs. ( ) Construction and demolition waste is prohibited at all County Transfer Stations. la ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. .0 .±: ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on C ;a current status. X ( ) Other: W t 7 5 County of flawai`i is an Equal Opportunity Provider and Employer. William P.Kenoi +i,(�� ' */, '. BJ Leithead Todd Mayor •'�'•s ; Director Walter K.M.Lau " a \• •Mrr� " John A.Medeiros of Managing Director Deputy Director County of Hawai`i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanaa`a,Suite B • Hilo,Hawai'i 96720 (808)961-8083 Fax(808)961-8086 http://hawaiicounty.aov/environmental-managemcnt/ MEMORANDUM Date : April 28,2014 To : DUANE KANUHA,Planning Director From: BJ LEITHEAD TODD, Director ljA-/ Subject: Change of Zone Application(REZ 14-000174) Applicant: LK&RR Enterprises,LLC Request: RS-10 to CN-10 TMK: 2-2-034:072 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): DEPARTMENT COMMENTS: WASTEWATER COMMENTS: (Contact Wastewater Division for details.) ( ) No comments (X) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii 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. (X) Check or line out as applicable: [ X ] If required by the Director of the Department of Environmental Management("Director of DEM"), [ X ]applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. (X) Other: As indicated under Section VI.E.5 the property is currently serviced by the County Sewer System and WWD records indicate that the existing structure is connected to the County sewer. As the rezoning application does not indicate the type of businesses which will occupy the structure,a sewer study may be required prior to approval to connect to the County se eF. 'ANNEG i' County of Hawaii is an Equal Opportunity Provider and Employer. i' :r 0.9..14 5 7 J�ZY.OS M� William P.Kenoi i `P ; yj' • Harry S.Kubojiri Mayor ; ,.�11' Police Chief r•r _ Paul K.Ferreira Deputy Police Chief County of Hawai‘ i POLICE DEPARTMENT 349 Kapi'olani Street • Hilo,Hawaii 96720-3998 (808)935-3311 • Fax(808)961-2389 April 22, 2014 TO : DUANE NUHA, PLA NING DIRECTOR FROM : HEN Y . TAVAR S J ., ASSISTANT POLICE CHIEF ARE I PERATION SUBJECT: CHANGE OF ZONE APPLICATION (REZ 14-000174) APPLICANT: LK & RR ENTERPRISES, LLC REQUEST: RS-10 TO CN-10 TAX MAP KEY: 2-2-034:072 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 Richard Sherlock, Hilo Patrol, at 961- 2214 RS:Ili 140242 Planning Dept. SCANNED Exhibit. APR `` .291` 6 DY "Hawai'i County is an Equal Opportunity Provider and Employer" • !• n ry r ..{•{ �J rpF' yat l - `'' �`- ! William P. Kenoi Darren J. Rosario Mayor % �:�,r 3. Fire Chief � '4 rl P • Renwick J.Victorino -Iv i 4 :+ f `` os'"a - Deputy Fire Chief County of jartaat`i HAWAI'I FIRE DEPARTMENT 25 Aupuni Street • Room 2501• Hilo,Hawaii 96720 (808)932-2900 • Fax(808)932-2928 April 16,2014 TO: DUANE KANUHA,PLANNING DIRECTOR FROM: DARREN J. ROSARIO, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION(REZ 14-000174) APPLICANT: LK&RR ENTERPRISES, LLC REQUEST: RS-10 TO CN-10 TAX MAP KEY: 2-2-034:072 In regards to the above-mentioned Change of Zone application, the following shall be in accordance: NFPA 1,UNIFORM FIRE CODE,2006 EDITION Note: NFPA 1, Hawai'i State Fire Code with County amendments. County amendments are identified with a preceding "C--," 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 m addition to the normal hazard of the occupancy, or where access for fire apparatus is Q4 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, C additional fire appliance units,more than one type of appliance, or special systems C suitable for the protection of the hazard involved. a s CL uJ 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. w . 18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydran _ -. . i t% submitted to the fire department for review and approval prior to const t AN `/ ►. APR 292twi _ � '' Hawai'i County is an Equal Opportunity Provider and Employer. , Duane Kanuha April 16, 2014 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 garages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft (37 m2) or less are present, the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. ,Duane Kanuha April 16, 2014 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 ft(137 m). 18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided when it is determined by the AHJ that access by a single road could be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access. 18.2.3.4 Specifications. 18.2.3.4.1 Dimensions. C—18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15 feet,with an area of not less than 20 feet wide within 150 feet of the structure being protected. An approved turn around area shall be provided if the FDAR exceeds 250 feet. C- 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in. C- 18.2.3.4.1.2.1 Vertical clearances 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 April 16, 2014 Page 4 18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not adequate to accommodate fire apparatus. C— 18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and maintained to support the imposed loads (25 Tons) of the fire apparatus. Such FDAR and shall be comprised of an all-weather driving surface. 18.2.3.4.3 Turning Radius. C— 18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30 feet, and a minimum outside turning radius of 60 feet. 18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width. 18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft(46 m) in length shall be provided with approved provisions for the fire apparatus to turn around. 18.2.3.4.5 Bridges. 18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall be constructed and maintained in accordance with county requirements. 18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. 18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the AHJ. 18.2.3.4.6 Grade. C- 18.2.3.4.6.1 The maximum gradient of a Fire department access road shall not exceed 12 percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a Fire apparatus would connect to a Fire hydrant or Fire Department Connection,the maximum gradient of such area(s) shall not exceed 10 percent. 18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft(0.3 m drop in 6 m) or the design limitations of the fire apparatus of the fire department, and shall be subject to approval by the AHJ. Duane Kanuha April 16, 2014 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 April 16, 2014 Page 6 18.2.4.2.3 Roads, trails, and other accessways that have been closed and obstructed in the manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and the AHJ. 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. 18.2.4.2.5 Locks, gates, doors, barricades, chains, enclosures, signs, tags, or seals that have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with, or otherwise vandalized in any manner. 18.3 Water Supplies and Fire Hydrants 18.3.1* A water supply approved by the county, capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities or buildings, or portions thereof, are hereafter constructed, or moved into or within the county. When any portion of the facility or building is in excess of 150 feet(45 720 mm) from a water supply on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building,on- site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the AHJ. For on-site fire hydrant requirements see section 18.3.3. EXCEPTIONS: 1. When facilities or buildings, or portions thereof, are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 may be modified by the AHJ. 2. When water supply requirements cannot be installed due to topography or other conditions,the AHJ may require additional fire protection as specified in section 18.3.2 as amended in the code. 3. When there are not more than two dwellings,or two private garage, carports, sheds and agricultural. Occupancies,the requirements of section 18.3.1 may be modified by AHJ. 18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3* The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both, in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. Duane Kanuha April 16, 2014 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 April 16, 2014 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 April 16, 2014 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) 932-2914. 62*(6.1: DARREN J. ROSARIO Fire Chief KV/lc '40fre p t , NEIL AUFJt 111�Y .! '1 E :k' :NT e' ,, o �: %II.IJA/J.AIId.JK (MI XNIN IN IIA�1h ' "+° '',i° 11IAIIU7 XNIN *‘2;r1 IIIMXUDI LAND AND NMI KAI XI MA III 11 COMMISSION ON WA Ilk NI MIX XI I MANAln MINI 16t=, _7 ,a f'. 31 . *� 4+ STATE OF HAWAII l' DEPARTMENT OF LAND AND NATURAL RESOURCES LAND LAND DIVISION �•'• � POST OI 1 ICI.BOX 621 St4te of14100 HONOI UI U.HAWAII 96889 May 6, 2014 County of Hawaii Planning Department Attention: Mr. Jeff Darrow via email: idarrow @co.hawaii.hi.us 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Darrow: SUBJECT: Change of Zone Application (REZ 14-0000174); RS-10 to CN-10 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 (a) Engineering Division and (b) Land Division—Hawaii District on the subject matter. Should you have any questions,please feel free to call Kevin Moore at 587-0426. Thank you. Sincerely, /7- --- Russell Y. Tsuji Land Administrator Enclosure(s) cc: Central Files .Gl ,A i :1 E I f a NAY 7:7;'t 9 `k __.__ , arming Dept. Exhibit_ 0 PLAN o—NEIL ABERCROMBIE r . t f , x-15 RM 9 46 EHCIHEERING QOVBEI?!OR OP HAWAII WILLIAM.).AMA,JR. A r >n; • t]IAII0000N �'i.ICI. ;�` WARD UP LAND AHD NATURAI.RESOURCES �p j� „ l,..,,,v,,,.1 ; CWOAWIUNUNWATERREMRRR.IMAHAGEMENf cond and 1,444. STATE OF HAWAII ,�` DEPARTMENT OF LAND AND NATURAL RESOURCES }�- LAND DIVISION \ T`_ POST OFFICE BOX 621 'ateotlllP HONOLULU,HAWAII 96809 April 14,2014 MEMORANDUM . 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 r X Historic P Pt�dflaR. ell Y. Tsuji,Land Administrator SUBJECT: Change of Zone Application(REZ 14-0000174); RS-10 to CN-10 LOCATION: South Hilo,Hawaii;'FMK: (3)2-2-034:072 APPLICANT: LK&RR Enterprises, Inc. Transmitted for your review and comment is a copy of the above-referenced application. We would appreciate your comments on this application. Please submit any comments by May 6,2014. 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. ( /5 Comr its are a ached. i t( Lam'--,, Signed: i Print nape: 7 � I,,, i,:,.,, i, , , , Date: yl, >. . , cc: Central Files 1 - �� . . ) ; ` i ' 9 v ; ::: DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION 21i t' -7 r‘•, n' LD/Russell Y.Tsuji REF:Change of Zone Application(REZ 14-0000174),Request from RS-10 to CN-10,South Hilo Hawaii.024 COMMENTS (X) We confirm that the project site,according to the Flood Insurance Rate Map(FIRM),is located in Flood Zone X. The National Flood Insurance Program does not have any regulations for developments within Zone X. () Please take note that the remainder of the project site according to the Flood Insurance Rate Map (FIRM), is located in Zones_ () Please note that the correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map(FIRM)is__ () Please note that the project site must comply with the rules and regulations of the National Flood Insurance Program(NFIP)presented in Title 44 of the Code of Federal Regulations(44CFR), whenever development within a Special Flood Hazard Area is undertaken. If there are any questions,please contact the State NFIP Coordinator,Ms.Carol Tyau-Beam,of the Department of Land and Natural Resources,Engineering Division at(808)587-0267. Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your Community's local flood ordinance may prove to be more restrictive and thus take precedence over the minimum NFIP standards. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: () Mr.Mario Siu Li at(808)768-8098 of the City and County of Honolulu,Department of Planning and Permitting. () Mr. Frank DeMarco at(808)961-8042 of the County of Hawaii,Department of Public Works. () Mr.Carolyn Cortez at(808)270-7253 of the County of Maui,Department of Planning. () Mr.Stanford Iwamoto at(808)241-4896 of the County of Kauai,Department of Public Works. () The applicant should include project water demands and infrastructure required to meet water demands. Please note that the implementation of any State-sponsored projects requiring water service from the Honolulu Board of Water Supply system must first obtain water allocation credits from the Engineering Division before it can receive a building permit and/or water meter. () 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 Mr. Dennis Imada of the Planning Branch at 587-0257. ' 7 , f Signed: `� CAfY. C Aly ,CHIEF ENGINEER r // Date: _ 'v/ 1 ' . . • 0 4 . s4.; s } n . x _a: 'a U', State of Hawaii 1, °t, °. FLOOD HAZARD ASSESSMENT REPORT ._*I 1Y : ` �a1 icpi,--- . < , — , ..,.. , _ _ _:, ...p/ --.„- , a _ f I I ; _ r 4h r;I; • ff_ I t, j r► $i •, r T ; , • r0�80• h \� • i iliii) i-- - • j a 1 is ; • i h r n , T t • , Tit! .r., - 1' :.( _� �.._... _p..._y._._.._ _ , ,_...._ Tit' i f NATIONAL FLOOD INSURANCEPR RAM' 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)2-2-034-072 flood,is the flood that has a 1%chance of being equaled or exceeded in any given year PARCEL ADDRESS: 547 HINANO STREET The Special Flood Hazard is the area subject to flooding by the 1%annual chance flood. HILO,HI 96720 Areas of Special Flood Hazard include Zone A,AE,AH,AO.V,and VE. The Base Food FIRM INDEX DATE: APRIL 02,2004 El flood insurance evation(BFE) is the water-surface elevation of the 1%annual chance flood. Mandatory LETTER OF MAP CHANGE(S): NONE Zone A: No BFE determined. FEMA FIRM PANEL(S): 1551660880C III PANEL EFFECTIVE DATE: SEPTEMBER 16,1988 Zone AE: BFE determined. .Zone AH: Flood depths of 1 to 3 feet(usually areas of ponding);BFE determined. Zone AO: Flood depths of 1 to 3 feet(usually sheet flow on sloping terrain); average depths determined. II Zone V: Coastal flood zone with velocity hazard(wave action);no BFE determined. PARCEL DATA FROM: JUNE 2013 •Zone VE: Coastal flood zone wth velocity hazard(wave action),BFE determined. IMAGERY DATA FROM: MAY 2005 •Zone AEF: Floodway areas in Zone AE. The floodway 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 carried 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 a Frank OeMarco,CFM (808)961-8042 ry p apply,but coverage is available in State NFIP Coordinator participating communities. Zone XS(X shaded): Areas of 0.2%annual chance flood,areas of 1%annual Carol Tyau•Beam.P.E.,CFM (808)587-0267 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 o contained in this report Viewers/Users are responsible for verifying 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 its use >' Zone D: Unstudied areas where flood hazards are undetermined,but flooding is If this map has been identified as'PRELIMINARY'or'UNOFFICIAL', g 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 official/legal 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 c{ k' i':(3 ET I,; 1�''T a o� M NEIL ABERCROMBIE ''tA}` r '+ Ili *t , GOVERNOR OF HAWAII P``' ,1 ;`i,' WILLIAM J.Ai IA,JR CHADUIRMIN �•I'(' tr}'� MUMOF I AND AND NAIUUI NFti1N RUN �� :11'l ''� C/MIMIARNIN ON WANK NEVA*ILI MANAULMINI 2c14 tit 1: . .*_ov: : STATE OF HAWAII ' 2 1 1 a I,�` DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION v� RECEIVED POST OFFICE BOX 621 LAND DIVISfO'I stateonigA HONOLULU,HAWAII 96809 HILO, .., ' ' April 14,2014 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 X Historic P a FROM: ell Y. Tsuji,Land Administrator c'-------- — ;2 "-- SUBJECT: Change of Zone Application(REZ 14-0000174);RS-10 to CN-10 LOCATION: South Hilo,Hawaii;TMK: (3)2-2-034:072 APPLICANT: LK&RR Enterprises,Inc. Transmitted for your review and comment is a copy of the above-referenced application. We would appreciate your comments on this application. Please submit any comments by May 6,2014. 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. ( 4,4" We have no comments. ( ) Comments are attached. Signer Print name: pew c.�,sf,, Date: _ LT /y cc: Central Files r NEIL ABERCROMBIE o L,,INPQ ROSENrM P.,M.P.H. GOVERNOR •c," se"" w", f DIRECTOR dFHEALTH e 4 hrr ' .71 jam I Y STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: April 25, 2014 TO: Duane Kanuha Planning Director, County of Hawaii FROM: Newton Inouye c District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 14-000174) Applicant: LK & RR Enterprises, LLC Request: RS-10 to CN-10 Tax Map Key: 2-2-034:072 The subject project is located within or near proximity to the County sewer system. a. All wastewater generated shall be disposed into the County sewer system. We recommend that you review all of the Standard Comments on our website: http://hawaii.gov/health/environmental/env-planning/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. SCANNED APR 31l2011, iiy:f 19.II_ 4 g &ePt.lannin WORD:REZ 14-000174.ni P Exhibit, SidneyFuke, Planning Consultant jog/ t ,a,r 4.t 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 r'r i`: s; l •Planning•Variance•Zoning Telephone:(808)969-1522•Cell:(808)989-0640 •Subdivision•Land Use Permits E-mail:sidfuke @hawailantel.net „ [: •Environmental Reports 7Q#4 tl Y -7 Pil 4: 54 May 6,2014 Mr.Duane Kanuha,Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo,HI 96720 Dear Mr. Kanuha: Subject Rezoning Application(REZ 14-000174) LK&RR Enterprises,LLC TMK: 2-2-034: 072 Thank you for providing me with a copy of agency comments to date regarding the subject application. In response to these comments,we provide the following: a. The State Historic Preservation Division commented that no historic properties would be affected. A copy of this letter to this office,dated April 30,2014,is attached. b. The Fire Department("FD")commented that fire access and fire flow requirements be met. This will be specifically addressed during the building permit process and completed prior to issuance of an occupancy permit. c. The State Department of Health required that the project's wastewater be disposed into the County sewer system. This will be done and implemented prior to issuance of an occupancy permit. d. Likewise,the County Department of Environmental Management required the project's connection to the County sewer line fronting the property. This will be done. It had no comments relative to solid waste. We trust that the above adequately responded to the comments to date. If not or if there are further questions or comments on this matter,please let me know. Thank you very much. Sincerely, ' \ /11\1\) SIDNEY . FUKE Planning Consultant Copy—LK&RR Enterprises LLC w/enclosures ii.it;'e a resit o, y O91b'19 Planning tt3 " -V.-.a..2•__ .µ-�._.. Exhibit i SidneyFuke, Planning Consultant 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 • Planning•Variance•Zoning •Subdivision•Land Use Permits Telephone:(808)969-1522•Cell:(808)989-0640 E-mail:sidfuke @hawaiiantel.net Environmental Reports ._ AF; It May 10,2014 Mr.Duane Kanuha,Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo,HI 96720 Dear Mr. Kanuha: Subject: Rezoning Application (REZ 14-000174) LK& RR Enterprises,LLC TMK: 2-2-034: 072 Thank you for providing me with a copy of agency comments to date regarding the subject application. In response to these comments,we provide the following: a. The Department of Water Supply confirmed that water is available for the project. However, it requested the submittal of"estimated maximum daily water usage calculation"to determine the adequacy of the 1-inch service lateral. If not, a larger or additional meter may be required. The applicant understands and accepts this standard requirement,including the installation of a backflow preventer. Relative to the fire flow requirements,the applicant will implement the required improvements, such as fire sprinklers in conjunction with the building"change of use"permit. These will be implemented prior to issuance of the occupancy permit. b. The Department of Public Works ("DPW")confirmed that the site is within Zone X on the FIRM map. The applicant understands and accepts that any site generated drainage must be contained on-site. This will be done, if needed,through a system of drywells and in accordance with the NPDES and/or UIC permit requirements. The DPW recommended that curb, gutters, and sidewalk be installed fronting the property,including the provision of the added right-of-way. It also suggested that streetlights and possibly traffic control devices fronting the site may need to be installed by the applicant. These have been standard requirements for zone change in this area, and the applicant understands and accepts those requirements. SCA N N;,- .1) MAY 1 5 211 Mr.Duane Kanuha May 10,2014 Page 2 We trust that the above adequately responded to these agency comments. If not or if there are further questions or comments on this matter,please let me know. Thank you very much. Sincerely, c),\ SIDNEY M. FUKE Planning Consultant Copy—LK&RR Enterprises LLC w/enclosures t.. . 44; SidneyFuke, Planning Consultant 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 ••Variance••Zoning •Telephone:(808)969-1522•Cell:(808)989-0640 •Subdivision•Land Use Permits E-mail:sidfuke @hawaiiantel.net •Environmental Reports rl• r At May 22, 2014 Mr. Duane Kanuha, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kanuha: Subject: Rezoning Application (REZ 14-000174) LK& RR Enterprises,LLC TMK: 2-2-034: 072 Thank you for providing me with a copy of additional agency comments regarding the subject application. In response to these comments, we provide the following: a. The Department of Land and Natural Resources confirmed that flood designation is "X" and had no further comments or objections to the request. b. The Department of Public Works ("DPW")Building Division confirmed that the site has a bona fide building permit for a residence and that any commercial conversion will require a"Change of Use or Occupancy" permit. The applicant is aware of and will comply with this requirement. We trust that the above adequately responded to these agency comments. If not or if there are further questions or comments on this matter, please let me know. Thank you very much. erely, SIDNEY M. FUKE Planning Consultant Copy—LK&RR Enterprises LLC w/ enclosures 13,�f) 9 .. ti 1„.„...,.....zzz-,---_ - _, F RLK&RR-REZ 14-174j w d-06-13-14 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION LK& RR ENTERPRISES, LLC CHANGE OF ZONE APPLICATION (REZ 14-000174) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a Change of Zone from RS-10 to CN-10 to convert an existing steel-framed single-family dwelling currently under construction into an office and retail complex. The applicant is currently constructing a 7,000 square-foot, steel- framed single-family residential structure, which consists of two (2) 3,000+ square-foot garages and a 1,000+square feet of living space. The applicant is proposing to convert the garage portions of the structure into a few bays and rent them for commercial retail/office space. The 1,000+ square foot single-family living area would either be retained for residential use or possibly used as an office. Parking will be provided on- site, which may include a minimum of 24 parking stalls as well as a handicapped stall. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from RS-10 to CN-10 will conform to the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. The overall goals, policies and standards are Re: Bill 278/Conuu. 978 set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the goals, policies and standards of the General Plan in that the proposed development will be developed in an area adequately served by necessary services such as water, utilities and transportation systems. The proposed project conforms to the Commercial Development goal, which states "provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods." The Land Use Pattern Allocation Guide(LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The project area is designated Medium Density Urban on the LUPAG Map. This designation allows village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential—up to 35 units per acre). The requested zoning would be consistent with the urban designation on the LUPAG Map for this area of Hilo. The requested zoning is also consistent with the following goals,policies, and actions of the General Plan: LAND USE—GENERAL • Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • 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. -2- LAND USE—COMMERCIAL • Provide for commercial developments that maximize convenience to users. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. • Commercial facilities shall be developed in areas adequately served by necessary services such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. The State Land Use designation for the subject property is Urban. The property is designated Existing Urban Development by the Land Study Bureau's Productivity Rating. The Hilo Community Development Plan (CDP), adopted in 1975, suggests residential uses in this area. However, this area is transitioning to higher density commercial type uses. The proposed change of zone would complement the existing commercial land uses that already exist in this area and will provide for an orderly development of the area. The property is 22,500 square feet in size and improved with a new 7,000 square foot, steel-framed single-family dwelling. The remainder of the property is cleared and graveled. The surrounding land uses in the area are a mix of residential and commercial uses. Big Island Candies, zoned CG-20, and Manano Market place, zoned CN-20, are located just south of the subject property on Hinano Street. There are several properties to the west along Manono Street that have been rezoned to CN-20 and several properties to the east along Laukapu Street that have been rezoned to MCX-20. Immediately adjacent properties are zoned RS-10 and improved with residences. All utilities and services are available to the site. Access to the project site is from Hinano Street,which is a County owned and maintained roadway identified as a collector with an existing right-of-way of 40 feet. The Department of Public Works (DPW) has recommended that the applicant provide improvements to the property's entire Hinano Street frontage consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility -3- relocation. The improvements shall be located in a 5-foot setback road widening recommended by the Planning Director. County water is available to the site. The project will connect to the existing County sewer system. Solid waste will be disposed of by commercial handlers. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X", area determined to be outside the 500-year floodplain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. No professional surveys were conducted of the site due to the history of residential use. By letter dated April 9, 2014, the Planning Department has requested for comments from the DLNR-SHPD. As of the date of this writing, no response has been received. No professional flora or fauna surveys were conducted of the site. The applicant does not believe that rare or endangered floral or faunal resources are on the site as the property is improved and located within an urban environment close to existing residential and commercial uses. The request is not contrary to Chapter 205A,Hawaii Revised Statues, relating to Coastal Zone Management. The project site is not proximate to the shoreline and outside of the SMA. There is no record of a designated public access to the shoreline or mountain areas that traverses the site. There is no evidence of any valued cultural, historical or natural resources existing on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore,no action is necessary to protect these rights. Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance -4- with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; 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. Based on the above, the approval of the change of zone request from a Single-Family Residential (RS-10) to a Neighborhood Commercial (CN-10) zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawai`i County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -5- `P��►t r f........ COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. 4m1 ) AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE- FAMILY RESIDENTIAL— 10,000 SQUARE FEET(RS-10)TO NEIGHBORHOOD COMMERCIAL- 10,000 SQUARE FEET(CN-10)AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-034:072. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawai`i, shall be Neighborhood Commercial— 10,000 square feet(CN-10): Beginning at the northwest corner of this lot, the southwest corner of Lot 1 and on the east side of Hinano Street,the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 1063.0 feet South and 9631.0 feet East, as shown on Government Survey Registered Map No. 2566, and running by true azimuths: 1. 270° 00' 225.00 feet along Lot 1; 2. 360° 00' 100.00 feet along Lot 4; 3. 90° 00' 225.00 feet along Lot 5; 4. 180° 00' 100.00 feet along east side of Hinano Street to the point of beginning and containing an area of 22,500 square feet,more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) 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- C LK&RR-REZ 14-174j wd-06-13-14 LK& RR ENTERPRISES, LLC CHANGE OF ZONE APPLICATION (REZ 14-000174) CONDITIONS OF APPROVAL A. The applicant(s), successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as recommended by a registered engineer, and a water commitment deposit in accordance with the"Water Commitment Guidelines Policy" to the Department of Water Supply within 180 days from the effective date of this ordinance. C. The commercial use of the property shall be established (certificate of occupancy) within five (5) years from the effective date of this ordinance. Prior to establishment, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai`i County Code. Landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) standards. D. Prior to the issuance of Certificate of Occupancy for any retail or office use, the applicant shall secure a change in use (occupancy)building permit from the Department of Public Works-Building Division. E. Driveway access from Milano Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawai`i County Code. F. A five-foot wide future road widening strip along the entire Milano Street frontage of the subject property shall be subdivided and dedicated to the County, at no charge, within five (5) years from the effective date of this ordinance. Such dedication shall include improvements within the road widening strip consisting of,but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements and any required utility relocation, meeting the approval of the Department of Public Works and conforming to the requirements of the Americans with Disabilities Act. G. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. H. The project shall connect to the County sewerline fronting the property. If the applicant(s), successor(s), or assign(s) develops residential units on the subject property, the applicant(s) shall make its (their) fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance,based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of$8,542.61 per multiple family residential unit($13,312.70 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit(single family residential units) shall be allocated as follows: 1. $4,213.83 per multiple family residential unit($6,419.62 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $133.18 per multiple family residential unit ($309.68 per single family residential unit) to the County to support police facilities; -2- 3. $409.67 per multiple family residential unit($611.66 per single family residential unit) to the County to support fire facilities; 4. $182.59 per multiple family residential unit($267.79 per single family residential unit) to the County to support solid waste facilities; and 5. $3,603.34 per multiple family residential unit($5,703.94 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. J. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. K. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawai`i County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to final plan approval. L. The applicant(s) shall comply with all applicable County, State and Federal laws, rules,regulations and requirements. M. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant(s), successors or assigns, and that are not the result of their fault or negligence. -3- 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant(s) should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. -4- i _ R5-10 R5-10 R5-10 MCX-20 N .� HUALANI ST 7,063.00'5 R5-10 RS-10 CN-10 9,631.00 E RS-10 "HALA1"� RS-10 SINGLE-FAMILY RESIDENTIAL- 10,000 SQ.FT.(RS-10) 171/ TO NEIGHBORHOOD COMMERCIAL- R5-10 MCX-20 RS-10 10,000 SQUARE FEET(CN-10) 22,500 SQUARE FEET TOTAL F- 1 1 I N RS-10 D CG-20 O ¢ Z O Oz CN-20 Z R5-10 CG-20 MCX-20 R5-10 r R5-10 CN-10 CN-10 RS-10 CG-20 MCX-20 RS-10 CG-20 R5-10 CG-20 KEKUANAOA ST CN-10 R5-10 R5-10 R5-10 Feet 0 250 500 750 1,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL - 10,000 SQUARE FEET (CN-10) AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY: COUNTY OF HAWAI`I, PLANNING DEPARTMENT TMK:(3)2-2-034:072 DATE:Apr.4,2014 EXHIBIT "A" LK&RR Enter.LLC KAon•,IAA s0, 0 J H y a LU CI) a a 0mm a Li Li � W z 1■ O z N LL CC O O a. 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"' .— a) c "0 cn (ti a) .(/). -u)-- co O s._ O c ° O �- _to z p t)•() O cr3 .�' ° O E o.L- o a) Q- ° a0C WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JULY 3, 2014 A regularly advertised hearing on the application of LK& RR Enterprises, LLC (REZ 14-174) was called to order at 9:02 a.m. in the County of Hawai`i, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i with Chairman Myles Miyasato presiding. COMMISSIONERS PRESENT: Myles Miyasato, Charles Heaukulani, Gregory Henkel, Raylene Moses, and Stephen Ono. ALSO PRESENT: Duane Kanuha(Planning Director), Margaret Masunaga(Deputy Corporation Counsel for the Windward Planning Commission), Amy Self(Deputy Corporation Counsel for the Planning Director, from 9:37 a.m. to 12:25 p.m.), Melody Parker(Deputy Corporation Counsel for the Planning Director from 9:13 a.m. to 12:39 p.m.), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Cottle(Staff Planner), Sarah Hata-Finley(Secretary), Kim Tanaka(Secretary), and Melissa Dacayanan(Planning Commission Support Technician). And approximately 12 people from the public in attendance. APPLICANT: LK& RR ENTERPRISES, LLC (REZ 14-174) Application for a Change of Zone from Single-Family Residential-10,000 square feet(RS-10) to Neighborhood Commercial-10,000 square feet(CN-10) for approximately 22,500 square feet of land. The property is located on the east side of Hinano Street, approximately 100 feet south of its intersection with Hualani Street, Waiakea House Lots, Waiakea, South Hilo, Hawai`i, TMK: 2-2-034: 072. MIYASATO: Under New Business, the first item on the agenda is LK&RR Enterprises, LLC. DARROW: Good morning, Mr. Chairman. Good morning members of the Planning Commission. MIYASATO &MOSES: Good morning. DARROW: Welcome, thank you for, again, your service to our County. This morning our first applicant is LK &RR Enterprises, LLC. They're requesting a Change of Zone. The area of this application is within the South Hilo District of Hawai`i. More specifically, we're looking in the area of the Waiakea Houselots, and that's in this general area here. To your right of the map, you'll also see the gray shaded areas which is the Hilo International Airport area. You'll notice the different colors on the map. This represents the County zoning. The yellow represents Single-Family Residential. The light pink represents Neighborhood Commercial zoning. The dark red represents General Commercial. And the purple and light gray areas represent Industrial type zonings. 1 Re: Bill 278/Comm. 978 This is a closer view of the area. More specifically, we're looking on Hinano Street, and near the intersection of Hinano and Hualani Street. The subject property is shaded with a black outline, and again for reference, the colors represent County zoning. You can see the majority of the area is Single-Family Residential,but you can also see that the area is in transition to commercial uses in the left side of the map in the middle and to your right side, it's in transition to Industrial type uses. This is an aerial photo. For reference, we have Hinano Street running in a north-south direction, Hualani Street running in an east-west direction, and the subject property identified with a red outline. You'll be familiar with Big Island Candies which is this general area off Kekuanao`a. And we also have the new complex that borders Manono Street and Hinano Street that has restaurants. You might be familiar with the Hawaiian Style Café, sorry about that [whispered], and Miyo's. The applicant is requesting a Change of Zone from Single-Family Residential— 10,000 square feet or RS-10 to Neighborhood Commercial— 10,000 square feet, CN-10, for approximately 22,500 square feet of land. This is in order to convert an existing steel-framed single-family dwelling currently under construction into an office and retail complex. The applicant is currently constructing a 7,000 square foot steel frame single-family residential structure, which consists of two 3,000 square foot garages and a thousand square foot area of living space. The applicant is proposing to convert the garage portions of the structure into a few bays and rent them for commercial retail/office space. The 1,000 square foot single-family living area would either be retained for residential use or possibly used as an office. This is the applicant's site plan that was submitted with the application. For reference, on the left side of the map is Hinano Street. Access to the property is from Hinano Street. This is the proposed commercial office retail center that's currently in construction as a single-family residential dwelling as well as the proposed parking area. We do have some site photos. This is looking south on Hinano Street with the subject property on your left as well as the structure. This is on Hinano Street looking north with the subject property on the right side of the map. This is looking directly at this. Again, you have the area that will be used for parking and the structure that would be converted to commercial retail office space. This is a side view,just so that you can see the side yard setback there. The Planning Director is recommending that the Planning Commission send a favorable recommendation to the Hawai`i County Council. This particular area of Hilo, the Waiakea Houselots is in transition from residential to commercial uses. With that, that concludes our presentation. I do have two items to bring to your attention. We've received a letter from Arlene Kimata as well as some photos, and those have been distributed to the Planning Commission. Are there any questions? Thank you. 2 MIYASATO: Thank you, Jeff. Would the applicant or representative please come forward? Could you please raise your right hand? Do you swear or affirm to tell the truth on this matter now before the Hawai`i County Planning Commission? FUKE: I do. KUNIMITSU: Yes. MIYASATO: State your name and residence. KUNIMITSU: Lee Kunimitsu, 1039 Pukana Street, Hilo, Hawaii. FUKE: Good morning, Mr. Chairman, and Members of the Commission. My name is Sidney Fuke. I'm a Planning Consultant. I am assisting Mr. Kanemitsu [sic] who is the, one of the applicants. My business address is 100 Pauahi Street, Suite 212. MIYASATO: Go ahead. FUKE: Sure. Mr. Chairman, I think your staff's report is rather comprehensive. The proposed conditions are also acceptable. As the staff had indicated, the property is pretty much bounded by quasi-commercial type of uses. If you look on the south side, you would have like the Big Island Candies project, and a series of commercial restaurant complex. On the west side, there's this new Tokunaga Fishing—a store that just recently constructed and opened up. On the north side, you would have like Don's Grill. There's a credit union. And of course on the east side, the airport side, is a miscellaneous different type of commercial uses. All of the basic infrastructure is in. I mean like there's a sewer system running, fronting the property. The water's adequate. The applicant is willing and prepared to install the curb, gutters, and sidewalk. Your staff had indicated that the General Plan designation is Medium Density which the proposed zoning would be consistent with. And as your staff had also indicated, the evolving land uses in this area is a mixture of commercial quasi-industrial and residential activities so we believe that the proposed rezoning would be consistent with the evolving character of that area. Are there any—oh, one, one comment I'd like to make is that I usually contract the notices to surrounding property owner, and apparently in the initial notice you know which informs surrounding property owners that, of the filing of the application, there was one property owner that was inadvertently overlooked, and this was brought up to my office by the Planning Department subsequent to being notified. We then sent out—I arranged to have a separate notice sent out to that one individual. And the more important notice to surrounding property owner which is notifying all property owners of this upcoming hearing, that individual also was notified. Thank you. MIYASATO: Commissioners, any questions for the applicant? Thank you. Okay, we have one testifier for this, Arlene Kimura [sic]. Could you please raise your right hand? Do you swear or affirm to tell the truth on this matter now before the Hawai`i County Planning Commission? KIMATA: Yes. 3 MIYASATO: Could you please speak into the mic, please? KIMATA: Yes. MIYASATO: State your name and your residence. KIMATA: Arlene Kimata, 548 Hinano Street. I'm across the street from the applicant's property. MIYASATO: Okay, go ahead. KIMATA: I happen to be the one person who did not receive the notice. Maybe the one in the entire notification pool. That was after I had submitted a complaint to both the Planning Department and the Building Department. I should first, well secondly say, that I am just a homeowner. I'm not a builder, a planner, a real estate developer, a merchant, anybody that might possibly want to rent space in this proposed building. But what I am disturbed by is the blatant disregard for all the procedures that this Commission has set up for proposed zoning changes. You're the only body that will help someone like me who really doesn't have the ability to hire expensive consultants or assisted or be assisted by, you know, construction folks and know what the deal is. You know, we're just there with our property, and we're hoping to enjoy it with our kids, hopefully pass that property on to future family, and I just have to say that if there is no rule about having to follow the rules, there really should be. I think it's your job as a Planning Commission and you know you're not the only body. This whole County. I mean this—it's something that needs to be an up-front process so that people like me don't feel like you're just gonna get steamrolled by applicants who are much more knowledgeable, craftier, have way more resources than we do. As I said, I am just across the street, and I've been watching the development of this property, and I have to say that, you have some photos there. Ever since the building was demolished, there has been constant, and the building was put in, there have been constant traffic of double axel vehicles, pumper trucks, all kinds of construction vehicles that are being warehoused in this facility. And I understand that this may not be against the rules. Maybe it is,maybe it isn't. Again, I don't know. But, what I do know is that the proposed building from the get-go was not ever a residential facility. It was constructed as a warehouse as you can see from the photos and in the applicant's photos. There was never an intention for it to be a residential facility, and for that, I really feel like the applicant should not be allowed to have benefitted from prior rezoning and then in the future, there needs to be something done about this. MIYASATO: Commissioners, any questions? Thank you. Commissioners, any discussion? FUKE: (from audience) Can I- MIYASATO: Go ahead. 4 FUKE: Mr. Chairman, I guess before the Commission goes into discussion, I'd like to offer some clarifying comments to Ms. Kimata's comments. First of all, like I'm not responsible for the preparation of the Building Permit or processing of the Building Permit that resulted in the partially constructed structure on the property right now. As was included in the packet as part of the departmental submittal and also the application, there is a Building Permit that was—and I included a copy of the plans—there is a Building Permit that was issued on July 25, 2012, for a 7,000 square foot single-family residential building. I realize that if you just look at it from a conventional standpoint that, that structure is very unorthodox in terms of you know whether in fact is a residential dwelling or not but the fact still remains that the, that structure for better, for worse was issued by the County, approved by the Planning Department, approved by the Engineering office, and also by the Building Depaihnent and certified for the Building Permit processes as a single-family residential dwelling. I noted in the application that should the rezoning be approved and they wish to entertain any type of commercial use other than a residential activity, then of course you would need to have a change of occupancy type of permit that would have to be issued by the Building Department. This would include things like maybe having to accommodate not only off-street parking,but also ADA or you know handicapped stalls as well as handicapped requirements within the structure. I know there's, there's been some comments about like the possible alleged violation that's ongoing right now. That's something that I cannot speak directly to. It's something that if the Planning Department, as the enforcer of the Zoning Code, deems that whatever is happening on the property right now is not consistent with the existing residential zoning, then a notice of violation would have to go out and the Applicant would have to be responsible for whatever penalties are, are weeded out. I guess like, bottom line, however, from my perspective, you know, I'm just doing the, doing just the rezoning component of this application, so I guess from my standpoint that the fundamental question is whether that from a General Plan and a land use perspective whether the zoning is an appropriate use, and I think that as the Planning Department had pointed out and as we had tried to demonstrate in our application given the current mixture of commercial, quasi-industrial use in that area, that the proposed use would be compatible. We just hope that the Commission can concur with that reasoning as well as reasoning of the Planning Director and recommend its favorable approval. One thing I'd like to suggest, however, is that I did go through Ms. Kimata's comments and then you know particularly as it relates to you know the, the mud and things like that you know going on the property right now as vehicles egress and ingress the property, I would like to make one proposal. This was discussed with the Applicant, and this relates to proposed Condition No., proposed Condition F. This relates to the standard requirement of having curb, gutters, and sidewalks be placed fronting the property, fronting the property in addition to setting aside a five-foot additional road right-of-way. As you can see right now, Condition F requires that the curb, gutter, sidewalk requirement be completed within a five-year period, and I think this is pretty much standard when you deal with existing structure. However, in light of the concern that Ms. Kimata has raised, I discussed it with the Applicant, and he said like, no, we will do the, we will complete the curb, gutter, sidewalk improvement requirement prior to issuance of occupancy permit. So, it's not gonna push down, you know, like five years from now,but if the building gets occupied in about year, or like even less than that, then the curb, gutter, sidewalk improvement requirement would be completed. 5 So, we would, you know with having said that, we would like to suggest that the wording be, Condition F be amended to read as follows: A five-foot wide road widening strip along the entire Hinano Street frontage of the subject property shall be, and then this is the new portion, submitted for subdivision and dedication to the County prior to issuance of occupancy permit. The reason why we had said, you know at least we submit the—complete the improvements, submit all of the documents for the subdivision, as well as for dedication, you know,before they can gain occupancy, is that sometimes the subdivision process might take a while or let alone, the dedication process might take a while so, but the bottom line is we just wanted to assure that the improvements would be in prior to the actual use of the property for any commercial use. MIYASATO: Okay, thank you. Any questions, Commissioners? Thank you. ONO: Mr. Chair? I tend to wonder about Ms. Kimata's comments. It seems to be after-the-fact, but her impression about the construction seems to be valid in that the structure itself does not reflect a residential prop—a residential home. And, I'm kind of wondering, is this the cart before the horse kind of a thing? I'm not sure. In other words, the construction of the building was, really with the intent of a business aspect rather than residential when they first started this. I need clarification on this, and I don't know who to ask. MIYASATO: Staff? DARROW: Thank you, Mr. Chairman. In the past, we've had Building Permits come through Planning Department, and during our review of the permits, we have questions as to the use of the structure because it obviously appears not to be what it's proposed to be. That was also in this case as well. There was concern that this was obviously a warehouse type building. As long as an applicant can meet the definition of whatever that use is. In this particular case, the applicant did have a living area, a kitchen area. He just happened to have larger garage areas, you know, people say they have lots of collectible cars and things like that or they need to store a lot of things. And it's built basically in a warehouse type structure. So this is an—it doesn't happen often but it does happen, and it does raise concerns, but again, once it goes through the process, we will question it as far as the use. The Building Department will question it whether or not it meets a single family dwelling. And it appears that this particular structure did pass that review. MIYASATO: Thank you. Any further questions, Commissioners? If not, do we have a motion? KIMATA: (from audience) I would like to say something if I can. Is that allowed? MIYASATO: Public testimony--public testimony has been concluded. MASUNAGA: Okay, give her three more minutes. MIYASATO: Okay, Mrs. Kimata, we'll give you three more minutes. KIMATA: Thank you, like I said, this is really new to me. I'd like to respond to Mr. Fuke's comments. Number one, I have to say, I am not against mixed use development. What I am for 6 is following the rules. If you build something like that, I don't think any person would live in that as their residential house. Okay? Let's be honest. Who is going to live in that kind of place? There are no walls built in that entire structure. It's entirely open so they can pull those trucks up there any time, any size,however number. I mean, there have been as many as three, three pump—three of those pumper trucks in there. All I'm asking for is that applicants play by the rules. Mike Tokunaga, that was mentioned in the, in the application, he did that. It took him a while to get through the Planning Commission for that and various other agencies,but you know what? It's fine. You go through the process. You play by the rules. Big Island Candies, you know, they—I don't know, I wasn't around when that happened, but you know, when you, when you get zoned properly, that's the way you're supposed to do it. You don't go ahead and build what you want and then retroactively ask for permission. That's wrong. And if rezoning is, in fact, an important process in this community, you should not be allowed to benefit from doing what you want and then retroactively going back. That's all I'm trying to say. I love living in a neighborhood that has lots of different things. I don't want to live in suburbia. I want to live in a place where I can walk to the restaurant. I mean, what better way to get to Miyo's. You just see whether the line is long and go in. I mean, that's what I want. That's why I don't live way up you know in, in Kaumana or Waiakea Uka. I like living in a place where you can walk to things, so I don't have any objections to having commercial development around. It's just the process, and that's what I'm asking you folks to do. Make sure that people follow the rules and think it's important because otherwise, why have the rules? MIYASATO: Commissioners? MOSES: Ms. Kimata, appreciate your comments and your letter and bringing it to the awareness of the Commission. Listening to the Planning Department and Jeff s explanation, it sounds like unfortunately, they did follow the rules, what rules are set up, and the process to follow. What the intention was? Questionable. KIMATA: (from audience) That's what I'm saying. MOSES: Absolutely,there's no doubt about that. You—you demonstrated that. But, they did follow the process, and whether they're loopholes,whatever maybe the Department needs to look at that more clearly, they followed it nonetheless. And so with that, I'd like to move that a favorable recommendation be forwarded to the County Council on the application for a Change of Zone, REZ 14-000174,based on the Planning Director's Recommendation and proposed conditions with the condition that Mr. Fuke suggested to change in Condition F. MIYASATO: A second? ONO: Second. MIYASATO: Moved by Commissioner Moses and seconded by Commissioner Ono. Is there any discussion? If not— 7 DARROW: Thank you, Mr. Chairman, the motion before us is to send a favorable recommendation with the amendment to Condition F. With that, I'll take the roll call. Commissioner Moses? MOSES: Aye. DARROW: Commissioner Ono? ONO: Aye. DARROW: Commissioner Heaukulani? HEAUKULANI: Aye. DARROW: Commissioner Henkel? HENKEL: No. DARROW: And Mr. Chairman. MIYASATO: Aye. DARROW: The motion passes four to one. MIYASATO: You'll be notified in writing. The discussion ended at 9:28 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 8