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COM 0525.000 2014-2016
° � +.' Walter K.M.Lau • f Managing Director William P.Kenoi *ij '' t. Mayor Randall M.Kurohara •' . N+ '��• Deputy Managing Director 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 October 12, 2015 O_ Dru Kanuha, Council Chair and Members of the County Council -� County of Hawai`i -a -_ 25 Aupuni Street 19 Hilo, HI 96720 Dear Chairman Kanuha and Members: SUBJECT: ✓Change of Zone Application(REZ 15-000191) Applicant: Nimr Tamimi Request: RS-10 to CN-20 Tax Map Key: 2-2-034:083 Amendment to Change of Zone Ordinance No. 94-06 (REZ 758) Applicant: Eric Hoota Request: Five-Year Time Extension to Condition E (Complete Construction) Tax Map Key: 2-2-024:008 As required by Chapter 7, Sec. 6-7.5 (a), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letters and enclosures regarding the above-referenced requests. Sincerely, WILLIAM P. KENOI Mayor MTransCouncilTamimiREZ 15-191 HootaREZ758 Enclosures cc: Planning Department S� v aa Comm. No.► 11 110 Ref. To: P C< County of Hawai`i is an Equal Opportunity Provider and Employer. Ref. Date OCT 1 5 201 -4051,,.... :I* 4:'1.. .11 *. 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 OCT 1 2 2015 Dru Kanuha, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and Council Members: SUBJECT: Change of Zone Application (REZ 15-000191) Applicant: Nimr Tamimi Request: RS-10 to CN-20 Tax Map Key: 2-2-034:083 The Windward Planning Commission, at its duly held public hearing on October 1, 2015, recommended for your approval the proposed legislative bill for a Change of Zone from a Single Family Residential— 10,000 square feet(RS-10)to Neighborhood Commercial—20,000 square feet(CN-20) for 22,000 square feet of land. The property is located on Manono Street, approximately 200 feet north from the intersection of Kekuanaoa Street and Manono Street in 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-20 to establish manufacturing and retail uses on-site, which includes the construction of a new 6,300 square-foot (35-foot by 180-foot)building. The building is proposed to be single-story but could include a second level with mezzanines or floors. The proposed commercial building will be used for the new location of the Atebara Chips &Hawai`i Island Hawai`i County is an Equal Opportunity Provider and Employer Dru Kanuha, Council Chair and Members of the County Council Page 2 Gourmet business and for additional tenant space for other businesses. Parking will be provided on-site. The applicant intends to commence construction within the next five years and complete within 10 years from the date of approval. The cost of construction is estimated at approximately$1,000,000. 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-20 will conform to, among others,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 Dru Kanuha, Council Chair and Members of the County Council Page 3 Density Urban on the LUPAG Map. This designation allows village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential—up to 35 units per acre). The requested zoning would be consistent with the urban designation on the LUPAG Map for this area of Hilo. The requested zoning is also consistent with the following goals, policies, and actions of the General Plan: LAND USE—GENERAL • Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region, and County. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. LAND USE—COMMERCIAL • Provide for commercial developments that maximize convenience to users. • 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. • Within the Waiakea House Lots "medium density" area, commercial development shall be focused on the major streets---Kekuanao`a, Pi`ilani, Manono, and Lanikaula, while the interior blocks should be zoned primarily for single- and multi-family residential use. Dru Kanuha, Council Chair and Members of the County Council Page 4 The State Land Use designation for the subject property is Urban. The property is designated Urban by the Land Study Bureau's Productivity Rating. The Hilo Community Development Plan(CDP), adopted in 1975, suggests residential uses in this area. However, this area is transitioning to higher density commercial type uses. The proposed change of zone would complement the existing commercial land uses that already exist in this area and will provide for an orderly development of the area. The property is 22,000 square feet in size and is rectangular in shape. The property is located at 717 Manono Street in the Waiakea House Lots. The parcel has been the location of an existing dwelling that was constructed in 1925, as well as the Atebara Chips business since 1946. The land uses in the area are a mix of residential and commercial uses. The Manono Street Marketplace is located adjacent to the property to the north, which is zoned CN-20. Rezonings in the area from Single-Family Residential (RS) to Neighborhood Commercial (CN) include adjacent properties to the north and south, and other properties to the northwest across Manono Street and to the southeast. Businesses include the Manono Street Marketplace, Big Island Candies, Kilauea Kreations II, and others. All utilities and services are available to the site. Access to the project site will be from Manono Street, which is a County owned and maintained roadway and identified as a secondary arterial with an existing right-of-way width of 60 feet fronting the property. The Department of Public Works (DPW)has recommended that the applicant provide improvements to the property's entire Manono Street frontage consisting of,but not limited to, pavement widening with concrete curb, gutter, and sidewalk, drainage improvements, and any required utility relocation. The project will connect to the existing County sewer system. County water is available to the property from Manono Street fronting the property. 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. Dru Kanuha, Council Chair and Members of the County Council Page 5 No professional surveys were conducted of the site due to the history of the property being used for residential and commercial purposes. A request was made to the Department of Land and Natural Resources-State Historic Preservation Division (DLNR-SHPD) for a"no-effect" letter regarding the proposed project,but as of the date of this writing, no response has been received. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The project site is not proximate to the shoreline and outside of the SMA. There is no record of a designated public access to the shoreline or mountain areas that traverses the site. According to the applicant, no valued cultural,historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. 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 property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. 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-20)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. Dru Kanuha, Council Chair and Members of the County Council Page 6 We are enclosing copies of the staff Background, Planning Director's Recommendation, the Power point presentation and a copy of the hearing transcript will be forthcoming under separate cover for your information. Sincerely, Myles iliyasato, Chairman Windward Planning Commission LTamimiREZl5-191wpc Enclosures cc: Nimr Tamimi Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD DOT-Highways, Honolulu William Brilhante, Esq., Corporation Counsel BTamimi-REZ.jwd 09-22-15 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT NIMR TAMIMI CHANGE OF ZONE APPLICATION (REZ 15-000191) NIMR TAMIMI has submitted an application for a Change of Zone from Single-Family Residential-10,000 square feet(RS-10) to Neighborhood Commercial-20,000 square feet (CN-20) for 22,000 square feet of land. The property is located on Manono Street, approximately 200 feet north from the intersection of Kekuanaoa Street and Manono Street, Waiakea House Lots, Waiakea, South Hilo, Hawai`i, TMK: 2-2-034:083. PROPOSED DEVELOPMENT 1. Request/Project Description: The applicant is requesting a Change of Zone from RS-10 to CN-20 to establish manufacturing and retail uses on-site, which includes the construction of a new 6,300 square-foot(35-foot by 180-foot) building. The building is proposed to be single-story but could include a second level with mezzanines or floors. The proposed commercial building will be used for the new location of the Atebara Chips &Hawai`i Island Gourmet business and for additional tenant space for other businesses. Parking will be provided on-site. (Planning Department Exhibit 1 - Change of Zone application) 2. Timetable/Cost: The applicant intends to commence construction within the next five years and complete within 10 years from the date of approval. The cost of construction is estimated at approximately$1,000,000. 3. Number of employees: According to the applicant, the amount of employees should remain the same for the Atebara business, which is 4 full-time and 5 part-time employees. There may be three to four additional bays that will rented to other businesses, which may have 2 additional employees per bay(6 to 8 total). 4. Landowner: The landowner of the property is TAMOSH, LLC. OTHER INFORMATION 5. Proposed CN zoning: • Height limit - 40 feet. -1- Re: Bill 110/Com 525 • Setbacks - front, 15 feet; side yards, 0 feet, except where the adjoining building site is in an RS, RD, RM,RCX or V district. • Plan approval required. • 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. STATE AND COUNTY PLANS 6. State Land Use Designation: Urban. 7. General Plan LUPAG Map: Medium Density Urban. 8. County Zoning: RS-10. 9. Hilo Community Development Plan: The Hilo Community Development Plan adopted by Resolution No. 1 on May 21, 1975 designates this area as RM-4. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 10. Subject Property: The property is 22,000 square feet in size and is rectangular in shape. The property is located at 717 Manono Street in the Waiakea House Lots. The parcel has been the location of an existing dwelling that was constructed in 1925, as well as the Atebara Chips business since 1946. 11. Surrounding Zoning and Land Uses: The land uses in the area are a mix of residential and commercial uses. The Manono Street Marketplace is located adjacent to the property to the north, which is zoned CN-20. Rezonings in the area from Single-Family Residential (RS)to Neighborhood Commercial (CN) include adjacent properties to the north and south, and other properties to the northwest across Manono Street and to the southeast. Businesses include the Manono Street Marketplace, Big Island Candies, Kilauea Kreations II, and others. 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 Development. 14. ALISH: Existing Urban Development. 15. FIRM: Zone "X", an area outside of the 500-year flood plain. -2- 16. Flora/Fauna: As the project site was previously improved with a dwelling and business, and is located within an urban environment close to commercial, industrial and residential uses,no professional flora or fauna surveys were conducted. 17. Archaeological/HistoricaI Resources: No professional archaeological surveys were conducted of the site, due to the history of development including a dwelling and business. The applicant and the Planning Department requested for comments from the Department of Land and Natural Resources—State Historic Preservation Division. As of the date of this writing,no response has been received. 18. 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. 19. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 20. Access: The access to the project site will be from Manono Street, which is a County owned and maintained roadway and identified as a secondary arterial with an existing right-of-way width of 60 feet fronting the property. The Department of Public Works (DPW)recommends that the applicant provide improvements to the property's entire Manono Street frontage consisting of,but not limited to,pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation. 21. Water: County water is available to the site. 22. Wastewater: The project area is serviced by a County sewer system. 23. Solid Waste: According to the applicant, all solid waste with the current operation is handled by the owner. The current volume of solid waste developed by this operation is small and does not require a commercial handler. 24. Essential Utilities and Services: Electricity and telephone services are available to the project site. County fire, police and emergency medical services are available in Hilo AGENCIES' AND ORGANIZATIONS' COMMENTS 25. Department of Public Works: (Planning Department Exhibit 2—July 27, 2015 -3- Memo) 26. Department of Environmental Management: (Planning Department Exhibit 3— July 7&9,2015 Memos) 27. Police Department: (Planning Department Exhibit 4—July 8, 2015 Memo) 28. Fire Department: (Planning Department Exhibit 5—August 3,2015 Memo) 29. DLNR Land Division: (Planning Department Exhibit 6—July 31, 2015 Letter) 30. Department of Health: (Planning Department Exhibit 7—July 8, 2015 Memo) AGENCIES'—NO RESPONSE 31. Department of Water Supply, DLNR-State Historic Preservation Division and Department of Public Works-Building Division PUBLIC COMMENTS 32. The Department has not received any objections from the general public or adjacent landowners on the subject application. -4- CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Nimr Tamimi APPLICANT'S SIGNATURE: &,' DATE: ,t2.5-7/3-- ADDRESS: P.O. Box 4998 Hilo, Hawaii 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: Owner LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Nimr Tamimi PHONE:(Bus.) 930-7823 (Res.) 930-7823 (Fax) 969-3533 LANDOWNER(S): TAMOSH LLC LANDOWNER SIGNATURE(S): DATE: (May be by letter) LANDOWNER(S) ADDRESS: Same as above REQUEST: RS-10 TO CN-20 (Existing zoning) (Proposed Zoning) TAX MAP KEY: 3/2-2-034:083 STREET ADDRESS OF PROPERTY: 717 Manono Street Hilo, HI 96720 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 22,000 sf AGENT: Nimr Tamimi ADDRESS: P.O. Box 4998 Hilo, Hawaii 96720 TELEPHONE:(Bus.) 930-7823 (Res.) 930-7823 (Fax) 933-3533 Please indicate to whom original correspondence and copies should be sent. Planning Dept. ORIGINAL: Nimr Tamimi COPIES: Nimr Tamimi X 1 1 THIS CHANGE OF ZONE APPLICATION MUST BE ACCOMPANIED BY THE FOLLOWING: 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? N/A b. Into what lot sizes? N/A 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? N/A 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 a. Keep it? Yes e. other (please state) N/A 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. N/A 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. New approximately 35' x 180' building with mezzanine floor with kitchen for our cookies, candies and chips, a gift shop and commercial rental space. We hope to start construction within the next 5 to 10 years after re-zoning approval. 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. We will be using the building for our current operations. We will also be providing a few rental units for other businesses. The current commercial space rental inventory is low due to the issues associated with the Kanoelehua Industrial Area lease uncertainties. This development will allow business the opportunity to relocate or establish their business on fee simple property,vs. lease property whole leases are set to expire shortly. This will give these businesses stability and confidence that they will not need to move shortly after they bear the expense of establishing their business. -2- 5. Have you performed any study which discusses the environmental impacts your request would nave on the surrounding area and/or the County? no If so, please elaborate on your findings in the space provided below. 6. Are there any buildings on the subject area? yes If so, what kind? A residence and attached kitchen. What do you intend to do with those buildings if your request is approved? The residence and kitchen will be removed to make way for the new building. 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 41.0 a. Schools x b. Roads c . Sewer x d. Drainage x e. Police Protection x f. Fire Protection x g. Recreational Facilities h. Recreational Facilities i. -4- For those checked "yes, " please elaborate what type or kinds of improvements and/or assistance are needed. N/A 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. None was performed, this is an existing urban area. Signature: y. Address: P.O. Box 4998, Hilo, Hawaii 96720 Telephone: 930-7823 Date: G -Z�• i S -5- 6338A/50A P. D. 5/84 Background and County Environmental Report (Attachment to Change of Zone, Project District, and Agricultural Project District Applications) A. Subject Request: The proposed project is located at 717 Manono Street, South Hilo, Hawaii. T.M.K. (3) 2- 2-34:83. The existing property is 22,000 square feet. The current zoning of the property is RS-10. The owner is requesting a change in zoning from RS-10 to CN-20. The property currently consists of 19,750 square feet of improved residential and 2,250 square feet of commercial area. The existing residence consists of 1132 square feet of living area and 1192 square feet of basement with a 108 square feet porch. Attached to the residence is a 1256 square foot commercial space. The commercial space is currently used as a kitchen and retail space for a kama'aina snack and gourmet food company that has be in continuous operation at the same location since 1946. The existing residence was constructed in 1925. The kitchen facility was constructed in phases; the first phase was in 1946, followed by an addition to the structure in 1986. The 1946 construction was a result of relocation of the business from the Shinmachi area of Hilo. The original location of the business was destroyed by the April 1, 1946 tsunami which destroyed the Shinmachi District of Hilo. The business has been at the current location since 1946, there has not been any lapse in the operation of the business since. The business has in the past and is currently engaging in preparing/wholesale/retail (on site) of the foods prepared at that location. The existing facility is the home of Atebara Chips & Hawai`i Island Gourmet. Atebara Chips is a kama'aina company, founded in 1936; it has been in operation in Hilo for nearly 80 years. The existing facility has been in use since 1946, 69 years and is in dire need of upgrading for health and safety reasons. The owners are interested in constructing a new facility to bring it up to current code for health and safety. In addition, the owner would like to offer additional tenant spaces as rentals for other businesses. The new facility will continue to operate as it is operating in the present day. It will include a kitchen and ancillary spaces similar to what is currently on site and will be used for cooking of chips, baking of cookies, making of chocolate candies, storage, and a gift shop. The request for zoning is consistent with the current General Plan for the area. The current General Plan is for Medium Density, which allows for the CN zoning designation. CN zoning designation is consistent with much of the rezoning that has occurred in the immediate area. The other zoning designation found in the area is CG; however, this zoning designation will require a General Plan Amendment, which the owner has no desire to pursue at this time. Due to the long history this business has in Hawaii, especially in Hilo, the owners would like to see the operation continue in the current location. In our research, there are many 1 people in our community that have fond memories of the establishment and it would be a shame for future generations not to have similar opportunities. The additional tenant spaces will be made available to help the business stay viable. The anticipated improvements include the construction of a new building on the north side of the property. The owner anticipates that the new building will be about 35' x 180', and may include second level mezzanines or floors. The intent of the larger building is to maintain similar kitchen and preparation areas, increase retail and storage areas and provide for leasable space. Increased storage areas will allow the owner to purchase bags and boxes in bulk to hopefully help reduce cost of purchasing these items in smaller quantities. All parking and loading/unloading areas for the facility will be provided for on-site per the Planning Department's regulations. The owner does not anticipate an increase in traffic in this area. The amount of employees should remain the same. The number of deliveries to the factory from suppliers will remain at one to two times per week. The walk-in clientele should remain the same, and the number of deliveries from the site will continue to be three to four times a week. All deliveries are currently made by van or flat bed; there are no large trucks or containers used in the deliveries. It is anticipated that the existing volume of traffic in this area due to this operation should remain about the same. There is not a lot of additional tenant spaces available for lease so the anticipated increase in traffic due to any new business should be minimal. The existing off-site infrastructure includes existing County water system, County sewer system, paved County standard road (Manono Street), electricity, telephone service, and cable service. The on-site infrastructure will include utilizing the existing 5/8" water meter and County sewer system. The impact that this facility will have on the surrounding properties and the area is little to none. The operation in its current form, has been perpetual at the this site for 69 years, traffic patterns, demands on infrastructure and demands to county services should not change as a result of this request. B. Conformance with State/County Plans The subject site is designated Urban by the State Land Use Commission. No State Land Use Permitting action is required. The subject site is not in a Coastal Zone Management area; therefore, Chapter 205 A does not apply to this proposed Change in Zone Application. The proposed re-zoning of this site does comply with the current County General Plan Land Use Pattern Allocation Guide Map. The area in which the site is located is designated as Medium Density. Within this designation, neighborhood commercial use is 2 allowed. There have been many properties in the area that have been developed after re- zoning to CN. The general trend in this area is to CN zoning, this request is in line with many previously approved requests in the area. There has also been a general plan amendment to allow CG Zoning designation in the area. The site of the proposed change in zoning application is not in a Special Management Area. C. Physical Characteristics and Environmental Setting of the Property and Surrounding Area The subject property is located at 717 Manono Street, further designated as T.M.K. 3/2-2- 34:83. The subject property consists of 22,000 square feet of land area. The property currently consists of 19,750 square feet of improved residential and 2,250 square feet of commercial area. The existing residence consists of 1132 square feet of living area and 1192 square feet of unfinished basement with 108 square feet of porch. Attached to the residence is 1256 square feet of commercial space. The commercial space is currently used as a production and retail area for cookies, candies, chips and macadamia nuts. The elevation of the site is approximately thirty feet above mean sea level. The mean annual rainfall is about 136 inches per year. The wetter months tend to occur between October and April. The mean annual temperature is about 73° F. Wind patterns are generally trade winds (northeasterly) during the day and westerly during the evenings. The property is generally flat with a slight slope up from west to east (Manono Street to Hinano Street) The US Department of Agriculture Soil Survey Report classifies the soil as Keaukaha Series (rKFD), which is extremely rocky muck, well drained, thin organic soils overlying pahoehoe lava bedrock. Runoff is medium, and the erosion hazard is slight. The site is part of a built up urban area, therefore, the Land Study Bureau provides no soil classification of the site and surrounding area. The USGS map of Lava Hazard Zone for the Island of Hawaii classifies this area as a Lava Hazard Zone 3, as is the case for all the City of Hilo. The subject property is located about 1 mile from the coast line. The US Corps of Engineers Flood Insurance Rate Map (FIRM) designates the site in Zone X, areas outside of the 500 year flood plain. There is no existing drainage ways on the site, and there is no anticipation that any new drainage ways will be required. 3 Manono Street serves as a major thoroughfare in this area. It connects two major roadways, Kekuanaoa Street and Kamehameha Avnue. Since the subject site is on Manono Street, the ambient noise level from traffic is quite high. The site is also near the Hilo International Airport and is subject to the noise associated with the incoming and outgoing flights. Given these factors and the fact that the current operation has existed in its present form and location since 1946, the applicants proposed zone designation change should have no additional noise impact to the surrounding properties. The proposed change in zone designation will not have an impact on the air quality of the area. The proposed project will not be industrial in nature, therefore, there will not be any additional air pollution generated by any activities at this site. There will not be any additional dust impact to the surrounding properties as a result of this development. The site has been in its existing condition since 1946. The proposed additional work will decrease the amount of undeveloped land on the property, thus further reducing the possibility of additional dust impact. The subject property does not have any archaeological, cultural, or historic sites on the National Register or Hawaii Register. The subject property is cleared of any floral/faunal resources; therefore, there will be no impact on any native or exotic plants. The property is located about 1 mile from the coastline and is in a medium density population area, therefore the proposed change in zone designation and potential development will have no scenic or coastal resource impact. There are no traditional or customary native Hawaiian rights that are exercised in the area of the proposed change of zone designation. There are no existing public access to or along the shoreline or the mountain areas and no knowledge of current or past public access being used. The social settlement pattern for the area is a mixture of residential properties and an increasing number of re-zoned commercial properties; the existing business has been a part of the social settlement pattern of the area for over 69 years, therefore, the applicant believes that the change of zone designation will have no impact on the current social settlement pattern of the area. The proposed project is located within the City of Hilo and is afforded all the economic resources available in the Hilo area. These include access to an International Airport, the Port of Hilo, shopping, police, and fire protection, a workforce, roads, public utilities, etc. There is no anticipation that this project will be limited by or limit the existing economic resources of the area. 4 The proposed project is kitchen and retail facility for cookies, candies, chips and macadamia nuts, it provides for diversification of the local economy, it provides a venue for added value for agricultural crops already grown on the Big Island, it helps promote the Big Island, and it helps with the sustainability of our community. The proposed project should not have an effect on the current land values in the area, many properties have already been re-zoned to commercial and the County Master Plan allows for commercial development in this area. Any increase in property values in the area has already been realized and any increase in land values will be associated with how strong the real estate market is in Hilo, and not due to this change in zoning request. The surrounding land use consists of a significant amount of commercial properties, few duplexes, few ohana lots and a few single family residences. The commercial properties include churches, offices, restaurants, convenient stores, and a food manufacturing plant with retail outlet. The request for zoning does not change the current use of the property or the charter of the surrounding area because this business has been in the current location for over 68 years. The surrounding zoning includes CG, CV, CN, R and RM, there for our request is consistent with the surrounding zoning. D. Public Facilities and Services Manono Street has a right of way of 50 feet, with pavement width of approximately 22 feet. Fronting the site, there is a gravel shoulder, approximately 8 feet wide. There are no sidewalks in this area. Manono Street is designated as a collector road on the Zoning Map. Such a designation would require a 60 foot right of way. 5 feet has already been taken out of this property to accommodate the required 60 foot right of way. We do not anticipate vehicular movements to and from the site to increase from the current activity. The operation will continue cooking, baking and retailing as it has done at this location for the past 69 years. The current pattern consists of employees arriving to work between 6:30a to 7:OOa. The retail operation hours are from 9a to 4p; this does change during the holiday season when the retail operation closes at 6p. The production portion of the operation usually is done at 3:30p. It is difficult to determine what additional impact the lease spaces will have on the traffic into the property, however, we do not anticipate a significant impact due to the limited size of the property and the amount of leasable space that will be available. The County water line fronts the subject site. The site is serviced by a 5/8" water meter. There is no anticipation for any additional water use, however, if the need arises, there is adequate water supply on Manono Street and any meter upgrades required by the Department of Water Supply will be complied with. There is an existing sewer main fronting the property. The existing building is currently connected to the County sewer system. 5 All solid waste associated with the current operation is handled by the owner. The owner has implemented a recycle program for the cooking oils used for this process, along with segregation of other recyclable products. The cooking oil is collected for processing as biodiesel and the other recyclables are hauled to the Hilo Transfer Station and deposited in the recycling bins. The current volume of solid waste developed by this operation is small and does not require a commercial handler. We do not anticipate the creation of additional solid waste as a result of this request for change of zoning, this company has been in operation at this site for 69 years and if anything, due to the county recycling campaign, the amount of solid waste entering the landfill has decreased over the years. This operation will have little to no impact to the current solid waste situation. Due to the fact that this operation has been at the current location for 69 years, there is no anticipation that additional fire or police protection will be required for this development. There are two fire stations located within 5 minutes of the project location and the police station is located less than 2 miles from the site. Due to the fact that this operation has been at the current location for 69 years, there is no anticipation that additional schools or parks will be required as part of this change in zone request. The intent of this request is to allow for improvements to the current facility to meet current health and safety standards. The impact of any new business on the existing infrastructure will be minimal. The amount of space available for lease is small and limited. Telephone, electric, gas and cable are available along Manono Street. The current operation utilizes these utilities and is not expected to require additional utilities as part of this zoning request. E. Environmental Assessment and Analysis The intent of this project is to provide a new and more modern home for a business that has been in operation in Hilo since 1936. This will help the business conform to current health and safety standards and allow adaptation of more efficient methods of production to help save energy and resources. Any new construction will be consistent with the same type of construction that other similar businesses in Hilo utilize. It will also have the same type of useful life as those buildings. Therefore the use of environmental resources will satisfy both the short and long term use of the building. The implementation of the recycling program and future implementation of systems that are energy efficient will also help reduce any environmental impact. LEED (Leaders in Energy Efficient Design) guidelines promote the re-utilization of properties that have been developed, are near infrastructure, and near amenities. This helps promote sustainability and meaningful development. 6 The business also helps our community strive towards a sustainable future by utilizing local agriculture and reducing our need for imported goods. This helps reduce the global impact of the cost of fuel for transportation of goods into our community. There are no foreseeable negative impacts associated with this development because the current use of the property will remain the same. If anything, the proposed upgrades will enhance the area by providing a more modern facility, meeting the current county codes, upgrading to current health and safety standards, help with our community's sustainability, and allow a 79 year old Hilo business to continue operation at a location that it has operated in for the last 69 years. The two options available are to continue the operation as is, or to move the operation to another location. Both options have a far more negative impact than the proposed re- zoning. By not doing anything, the current use of the property will continue to be non- compliant; in addition, upgrades to the facility for health and safety issues and modernization will not be realized. This will lead to the possible closing of a business that has been a part of Hilo for the last 79 years. The reason for closing is that although the facility is currently approved by the State of Hawaii Department of Health, it will be only a matter of time that the corrections need to the building will not be able to be done due to the age and physical nature of the existing building. Once the owner is not able to conform to the Health requirements, they may be directed by the Department of Health to close the operation at the current site. Safety issues associated with the exhaust hood system are also an issue, the physical nature of the existing facility does not allow the owner the ability to replace the existing hood with a new hood system, the materials of construction and the low ceiling does not allow for the new system to be installed. The current system is "Grandfathered" in by the County, and we don't know how long this "Grandfathered' acceptance of the system that has been there since the 1960's will be observed by the County. Once this status is reversed, the owners will again not be in compliance, nor able to build something to comply with the current codes, therefore, the operation may need to close. The option of moving to another location has two draw backs. This business is an integral part of Hilo's history. It has been in the current location for over 69 years. The owners moved to this location after their business, which was located in the Shinmachi District of Hilo was destroyed by the 1946 Tsunami. There is significant historical reason for trying to keep the business in its current location. The other reason for keeping the business in the current location is that the impact on environment, infrastructure, etc has already been made. We will not be taking the issues associated with this business and property to another location. Everyone in this area knows the operation and what to expect as a result of its continued operation. In addition, this will reduce the need for further development of undeveloped lands that my require new infrastructure, etc. There are no irreversible and irretrievable commitments of natural resources that would be involved if the proposed action is implemented. The land is currently developed and 7 all other resources that may have been attributed to the property no longer exist and have not existed since 1925 when the property was first developed. F. General Discussions • We are requesting a change in zone from RS to CN to allow for the construction of a new facility and leasable space. The property has been a production/retail facility for a Kamaaina Company that has been in perpetual existence in Hilo since 1936. This business has been at its current site since 1946. Given the current County Planning Requirements, the existing operation is non- compliant. The owner's intent is to bring the property into compliance and to continue the operation as is. By bringing the property into compliance with the Planning Requirements, the owners will be able to proceed with much needed upgrades to help meet current health and safety codes and standards. The property is currently "grandfathered" as a non conforming use. Minor repairs and renovations are allowed to the facility under current County regulations; however, the extent of the repairs required to the structure of the facility will exceed the allowable limit set by the County. Allowing the change of zone request will allow the owners to proceed with making the property conform to the current County requirements, which will allow the owners to proceed with the required repairs and upgrades to bring the facility up to current health and safety standards. • The trend in the area is towards commercial use all properties surrounding this property are currently zoned some type of commercial or in the process of a request for change of zoning. The business has been in operation at the same site since 1946. The surrounding properties at that time were residential. The impact of this request for change of zone would be further minimized due to the fact that most properties in the surrounding area are already commercially zoned or in the process of becoming commercially zoned. • The LUPAG map designates the site as Medium Density, a designation that allows for the proposed zoning change to CN. There are several other properties adjacent to within close proximity to this site that currently have similar zoning as is being requested. • 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: o Provide residents with opportunities to improve their quality of life. o Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. o The County of Hawaii shall strive for diversity and stability in its economic system. 8 o 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. o The County of Hawaii shall strive for an economic climate which provides its residents an opportunity for choice of occupation. o The County of Hawaii shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. • This request will allow for an existing business to continue and modernize its facility. It is a clean industry and one that services other economic sectors of the island. It provides for diversification of the local economy, and provides for added value for agricultural crops already grown on the Big Island. Minimal impact on the County's natural and social environment is expected because this operation has been in existence since the 1930's and at its current location since the 1940's. • Land use elements: o Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. o Zone urban and rural type of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. o Promote and encourage the rehabilitation and use of urban and rural areas which are serviced by basic community facilities and utilities. o Allocate appropriate requested zoning in accordance with the existing and projected needs of neighborhood, community, region and County. o Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environments. • Land Use- Commercial Development: o Provide for commercial developments that maximize convenience to users. o Provide commercial developments that complement the overall pattern of transportation and land usage within the islands regions, communities and neighborhoods. • Policies: o Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers and transportation systems. o Distribution of commercial area shall be such as to best meet the demands of neighborhood, community and regional needs. o Development of commercial facilities should be designed to fit into the local with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. • Standards: o Commercial development shall be located in areas adequately served by transportation, utilities, and other amenities. 9 o Off street parking and loading facilities shall be provided. o 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. o Preference shall be given to commercial lands with reasonable level topography. • Courses of Action (South Hilo) o Appropriately located commercial lands shall be allocated as the need arises • As the City of Hilo continues to grow, there is a need for more commercially zoned lands. This is evident by some of the recent commercial re-zonings and their development on the outskirt of traditional central business core of Hilo, This request also reflects this demand. The subject site, in addition to attempting to meet this need, also fulfills other policies and standards articulated in the General Plan. The site is already serviced by adequate infrastructure. County water and sewer lines are already available. Police and fire protective services are available within two miles of the site. This development should not require additional public serviced to be provided. The site does not have any on-site development constraints. The land is relatively level, and there are no flood or other hazardous conditions that would render the site a developmental problem and pose a burden to the public agencies. Being developed, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. Likewise, surface and subsurface archaeological remains do not appear to be likely on this site. The use is also compatible with the surrounding area. There are churches, several commercial complexes, apartments, restaurants, office buildings and a manufacturing plant all within 500 feet of the site. The area is currently undergoing a change from residential to commercial; therefore, this project is compatible with the current trend in the area. Additionally, the current operation has existed at this site since the 1940's. 10 W n �\ ' ted"M�V O /�rt I . N T a _ to o.•i�z ao; acka 4 Y � ,, 7 N, .., / '2.`L _,` t g 9c 1 y7d - . s,. ..,...J 1332,1 S y �t ,, '1, b , im , ` ....,pE • ,, nt . " s . - iii F I `; ' .` - .._ ' 131• , -- ,44- tb a� izeY9,.1 oQ r ft ,©. , , <.a tdy til14 --opsG YJ t� c, f° ' 3.Gil— `% I= C6,in. 1 `.aai irrG a �.aa f I ro,F I:�• •iF ?�.4.v• 1r°^„ ,k,. visDy>l � j�I ,�, 1 o ig &m D-., i‘• •�....., - y.,'�, .,'t t rz Y9 z® /....a A W =�-. ti 6sDY9 ---7.7* .w• 9 w. k 3 :-.w.. ;"'i•^,� 6'-„..,7esa r9 44, p1 ,.-•tie . Y�M'y.�.,� • e ur.aa •zf•.,K...., •:! .4”9 Y9 8 E ...,.▪.• O h `-4;2--..DY! f .."" 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I ' • _I zf[ 9Yj e , CC 1 y 7 ce ('^-- � O }( J I ,a i8 1 , i. .:fir; O e ;u' 13= W y . -- amo � ' _-lb _ - ,I '' ' ",..... I - 290 '1,00-0-Z(0) -N'W-1 ------ Il VlntlH'litlhltlH 1G QNtl151'011M 100 .., 133H1S ONONVNi az Dui',_,,...i_t j Al3uu,a1 11 1 e03 9NIN -321 C3,Od0a' a:mu.0 ,rrvn s� I I ' r1 t : I I fl. El 1mlrr I I'' 1 1 1 DLSCRIP I ION LOT < I_A All of that certain parcel of land being a portion of Lot l 1_ Block 20 of the Waiakea House Lots, Grant 8698 to Daniel \amahoe. At Waiakea. South Hilo. Island of Hawaii. State of Hawaii Beginning at the Northwest corner of this parcel of land and on the easterly side of Manono Street, the coordinates of said point of beginning referred to Go\eminent Survey Triangulation Station -HALAL" being 1.463.00 feet South and 9.146 00 feet East and running by azimuth measured clockwise from True South. 1 . 770' 00' 220.00 feet along Lot 1-A. being a portion of Lot 9. Block 20 of the Waiakea House Lots. Grant 8742 to John A. Lee: 2. 001' 00' 100.00 feet along Lot I?. Block 20 of the Waiakea I louse Lots. Grant 8743 to Kaichiro Ikeda: 00° Oft 220 00 feel along Lot 13-I? I and I of 13-A- 1 . being portions of Lot 13. Block 20 of the Waiakea }louse Lots. Grant 8800 to Maria de Gloria Marlin: 1. 1 80° 00' 100.00 feet along the easterly side of Manono Street to the point of beginning and containing an area of 22.000 square feet, more or less. \d0 B• 40 Description Prepared By: P wee F� Engineering Partners Inc. LAND euRVEY y h!o 756493,1 11. r QL, S. k). RONALDO B. A 'RELJO Li 'ensed Professional Land Surveyor C-rtificate Number 7564 Expires April 30. 2014 Hilo. Hav;an. March 2014 Tax Map Key: Dig . 2-2-034: 083 --41, ,,' S L'• ,'-''' sz.(.... ' -.... - ,n True North '': ^1 1 r' i SCALE I :14 30 PT .'..: 6 ., ,..„, _.. '- ,_ I 0, :14 '", z. ,:.,..., IN. -.-4 :-.4. , 2 73 , M A N 0 N 0 S .'-- ,L? P F T ,-.. .!,. co ,ra 10 ';.7,, :•"- .'-'., ' 180.00 - 100 00 1.---— 7., \‘',‘.,cc •1 -.0 :'' 1-: -. •-- ' 4'' ! 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' I ; •- ' I.- 0(..4(..•o 0 ;.-,2.... 1 V:f_..1....1= .1,LI'• . - —., 1 ,--, , :--, -- --' I TMK 2-2-34:083 Surrounding Property Listing TMK LOCATION ADDRESS MAILING ADDRESS 2-2-34:001 749 Mililani Street Laborer's International Union Hilo, Hawaii 96720 1617 Palama Street Honolulu, Hawaii 96817 2-2-34:002 733 Mililani Street Lowell Terada Hilo, Hawaii 96720 45-112 Mikihilina Street Kaneohe, Hawaii 96744 2-2-34:003 719 Mililani Street Deborah Anderson Hilo, Hawaii 96720 719 Mililani Street Hilo, Hawaii 96720-4329 2-2-34:004 695 Mililani Street Tsunekichi Kanai Trust Hilo, Hawaii 96720 695 Mililani Street Hilo, Hawaii 96720 2-2-34:005 675 Mililani Street Gerald Izumi Hilo, Hawaii 96720 675 Mililani Street Hilo, Hawaii 96720 2-2-34:006 655 Mililani Street Takiko Chung Hilo, Hawaii 96720 655 Mililani Street Hilo, Hawaii 96720 2-2-34:01 1 660 Manono Street John Romero Hilo, Hawaii 96720 660 Manono Street Hilo, Hawaii 96720 2-2-34:012 680 Manono Sreet Rory Tripp Hilo, Hawaii 96720 P.O. Box 959 Volcano, Hawaii 96785 2-2-34:013 700 Manono Street Hirayama Brother's Electric Hilo. Hawaii 96720 I Attn: Mel Hirayama 728 Wainaku Ave Hilo, Hawaii 96720 2-2-34:014 722 Manono Street Frank Cole Hilo, Hawaii 96720 P.O. Box 531 Kurtistown, Hawaii 96760 2-2-34:015 738 Manono Street HJC Foundation Hilo, Hawaii 96720 P.O. Box 4395 Hilo, Hawaii 96720-0395 2-2-34:016 549 Kekuanaoa Street Emiko Aihara Hilo, Hawaii 96720 549 Kekuanaoa St Hilo, Hawaii 96720 2-2-34:066 655 Kekuanaoa Street Allan Ikawa Hilo, Hawaii 96720 585 Hinano Street Hilo, Hawaii 96720 2-2-34:067 585 Hinano Street Allan Ikawa Hilo, Hawaii 96720 585 Hinano Street Hilo, Hawaii 96720 2-2-34:70 565 Hinano Street Sumie Miyasaki Hilo, Hawaii 96720 1426 Kahalani Street Hilo, Hawaii 96720 2-2-34:071 555 Hinano Street Maria Aki Hilo, Hawaii 96720 555 Hinano Street Hilo, Hawaii 96720 Page 1 of 3 TMK 2-2-34:083 Surrounding Property Listing 2-2-34:081 755 Manono Street Elain Wung Hilo, Hawaii 96720 c/o Property Professionals 93 Kohola Street Hilo, Hawaii 96720 2-2-34:082 735 Manono Street Shawn Nakamoto Hilo, Hawaii 96720 14 Hokulani St. Hilo, Hawaii 96720 2-2-34:085 681 Manono Street GHC Family Limited Partnership Hilo, Hawaii 96720 1158 Kinoole St. Hilo, Hawaii 96720-4132 2-2-34:086 663 Manono Street William Remmers Hilo, Hawaii 96720 1505 Dillingham Blvd. Ste 110 Honolulu, Hawaii 96817 2-2-34:091 556 Hinano Street Gary Tanaka Hilo, Hawaii 96720 64 Country Club Road Honolulu, Hawaii 96817 2-2-34:094 588 Hinano Street Etsuko Martin Hilo, Hawaii 96720 588 Hinano Street Hilo, Hawaii 96720 2-2-34:095 594 Hinano Street Bernard Soares Hilo, Hawaii 96720 P.O. Box 492517 Keaau Hawaii 96749-2517 2-2-34:098 533 Kekuanaoa Street Hisako Sakamoto Hilo, Hawaii 96720 140 Kehaulani Street Hilo, Hawaii 96720 2-2-34:107 615 Kekuanaoa Street JWC & Associates Hilo, Hawaii 96720 4202 Alae Street Honolulu, Hawaii 96816 2-2-34:108 675 Mililani Street Gerald Izumi Hilo, Hawaii 96720 675 Mililani St. Hilo, Hawaii 96720 2-2-34:109 735 Manono Street Sitiveni Pousima Hilo, Hawaii 96720 735 B Manono Street Hilo, Hawaii 96720 2-2-34:110 594 Hinano Street Dan Henry Straight Hilo, Hawaii 96720 594 B Hinano Street Hilo, Hawaii 96720 2-2-34:113 556 Hinano Street Gary Tanaka Hilo, Hawaii 96720 64 Country Club Road Honolulu, Hawaii 96817 2-2-34:114 750 Manono Street Patrick Tani Hilo, Hawaii 96720 493 Makanaa Street Hilo, Hawaii 96720 2-2-34:118 603 Kekuananoa Street Elain Wung Hilo, Hawaii 96720 c/o Property Professionals 93 Kohola Street Hilo, Hawaii 96720 2-2-36:008 805 Mililani Street Walter Low Hilo, Hawaii 96720 87 Puainako Street Hilo, Hawaii 96720 Page 2 of 3 TMK 2-2-34:083 Surrounding Property Listing 2-2-36:009 524 Kekuanaoa Street Duke's Management Corp Hilo, Hawaii 96720 1584 Kaunala Ln Hilo, Hawaii 96720 2-2-36:010 788 Manono Street Tong Jian Zheng Hilo, Hawaii 96720 788 Manono Street Hilo, Hawaii 96720 2-2-36:011 804 Manono Street Chun-Kai Huang Hilo, Hawaii 96720 804 Manono Street Hilo, Hawaii 96720 2-2-36:24 801 Manono Street Alvin Cabral Hilo, Hawaii 96720 c/o Day Lum Rentals 2 Kamehameha Ave Hilo, Hawaii 96720 2-2-36:025 610 Kekuananoa Street Dien-Jung Lin Hilo, Hawaii 96720 610 Kekuanaoa Street Hilo, Hawaii 96720 2-2-36:026 622 Hinano Street Dien-Jung Lin Hilo, Hawaii 96720 610 Kekuanaoa Street Hilo, Hawaii 96720 2-2-36:027 630 Hinano Street Teresa McCrary Hilo, Hawaii 96720 630 Hinano Street Hilo, Hawaii 96720 2-2-36:040 631 Hinano Stret Raymond Kaya Hilo, Hawaii 96720 156 Pohakulani Street Hilo, Hawaii 96720 2-2-36:041 619 Hinano Street Dien-Jung Lin Hilo, Hawaii 96720 610 Kekuanaoa Street Hilo, Hawaii 96720 2-2-36:124 656 Kekuanaoa Street James Namahoe 656 Kekuanaoa Street Hilo, Hawaii 96720 Hilo, Hawaii 96720 2-2-36:145 801 Manono Street Charles Takahashi Hilo, Hawaii 96720 46-153 Alaloa Street Kaneohe, Hawaii 96744 2-2-36:149 630 Hinano Street Teresa McCrary Hilo, Hawaii 96720 630 Hinano Street Hilo, Hawaii 96720 2-2-36:153 554 Kekuanaoa Street Kam Tong Lee Hilo, Hawaii 96720 53 W. Lanikaula Street Hilo, Hawaii 96720 Page 3 of 3 William P. Kenoi - �of y�• Deanna S. Sako Mayor pJ,••? ••!Y7• Finance Director Lisa K. Miura *�w C� %r• i Deputy Director t• f •• t4 •Nn MOW••* = OF MU' • County of Hawaii DEPARTMENT OF FINANCE - REAL PROPERTY TAX Aupuni Center • 101 Pauahi Street • Suite No.4 • Hilo,Hawai`i 96720 • Fax(808)961-8415 Appraisers(808)961-8354 • Clerical(808)961-8201 • Collections(808)961-8282 West Hawaii Civic Center • 74-5044 Ane Keohokalole Hwy. • Bldg.D,2nd Flr. • Kailua Kona,Hawaii 96740 Fax(808)327-3538 • Appraisers(808)323-4881 • Clerical(808)323-4880 Website:www.hawaiipropertytax.com REAL PROPERTY TAX CLEARANCE (Rev. 07/13) Date: June 24, 2015 TMK(s): (3) 2-2-034-083-0000 This is to certify that the real property taxes due to the County of Hawaii on the parcel(s) listed above have been paid for the tax year 2014-2015, up to and including June 30, 2015. The County's real property taxes are levied on July 1st each year. The taxes become a lien on the property assessed as of the levy date. This clearance was requested on behalf of TAMOSH LLC for the County Planning Department and is issued for this/these parcel(s) only. '\ r By Rochelle Marzo, Tax Clerk REAL PROPERTY TAX DIVISION Paid up to and including June 30, 2015. Hawaii County is an Equal Opportunity Provider and Employer TAMOSH, LLC P.O. Box 4998 Hilo, Hawaii 96720 June 24, 2015 In reference to the request for letter of"no effect" from the DLNR-SHPD, please find attached the requested letter dated July 1, 2014. Also please see attached copies of the Certified Mail Receipt dated July 2, 2014 and USPS Form 3811 Domestic Return Receipt acknowledging receipt of the request of no effect submittal dated July 3, 2014. We were contacted by SHPD office in Hilo in October of 2014; however we were given no further direction on how to proceed. TAMOSH, LLC P.O. Box 4998 Hilo, Hawaii 96720 July 1, 2014 State Historic Preservation Division 601 Kamokila Blvd., #555 Kapolei, Hawaii 96707 Attention: Pua Aiu, Phd Administrator Subject: Letter of No Effect for the proposed Re-Zoning for 717 Manono Street, Hilo, Hawaii 96720—TMK (3) 2-2-034:083 General Information: TAMOSH, LLC P.O. Box 4998 Hilo, Hawaii 96720 Attention: Nimr Tamimi 808 930-7823 nimr@higp.net Project: Rezoning for Hawaii Island Gourmet/Atebara Chips 717 Manono Street Hilo, Hawaii 96720 (3) 2-2-034:083 Waiakea House Lots, Hawaii Island Area of Potential Effect: Please see attached Map. The existing property is 22,000 square feet and it is anticipated that the entire property will be the area of potential effect. The property is currently developed with an existing structure used in the cooking of Potato, Taro, Ulu, Shrimp and Sweet Potato Chips, in addition to baking of cookies and the making of chocolate candies. The existing structure also has a small retail store and parking is also located on the site. Project Description: We are currently seeing re-zoning of the property from RS-10 to CN-20. The property is in an existing developed area of Hilo and is designated as Medium Density which allows for the CN zoning. The existing business which has been in operation on the site is currently a non conforming use by the County of Hawaii Planning Department. The intent of the re-zoning is to correct this issue to allow the owner to construct a new facility on site that will conform to current Health and Build Code requirements. The owner intends to remove the existing facility and replace it with a modern new facility or about 7,000 square feet single story. A portion will be used for the existing operation and the remainder will be rented out. The rest of the property will be provided with on-site parking and landscaping to meet current Planning Codes. The surrounding area is fully developed with commercial and residential (single/multi-family) developments. All infrastructure is existing so we don't anticipate the need for any additional infrastructure. Identification of Historic Places: There are no Historic Properties located within the APE because residential development/urbanization has altered the land Determination of Effect: The determination for the project will be "no historic properties affected), none is present. This is an existing urbanized area in Hilo Thank you very much for your time and consideration, please feel free to contact me at anytime should you have any questions or need additional information. Sincerely, TAMOSH, LLC _ y Nimr Y mimi Owner SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. -ture t item 4 if Restricted Delivery is desired. i' €�!� ilk 4 /r 0 Agent • Print your name and address on the reverse 0 Addressee so that we can return the card to you. B. ei � (Print Na ) C. Date of elivery l • Attach this card to the back of the mailpiece, 'Y Jai!( r, or on the front if space permits. 7 � D. Is d ivery address differ nt from item 1? S 1. Article Addressed to: If YES,enter delivery address below: 0 No SI 644t It3- oft(/ V ftSGIV#149n5 t, 4\0) % Pul isov 461 VAinoV+IA tivei \ S--S G1 l o lJ 3. S rvice Type �p�l e; N l b ,Certified Mail 0 Express Mall ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7007 2560 0003 0005 9237 (Transfer from service _ PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 U.S. Postal Service CERTIFIED MAIL,., RECEIPT f` (Domestic Mail Only;No Insurance Coverage Provided) m I U For delivery information visit our website at www.usps.com,; L- 1 t-.r 1)--S E -- . Postale $ O Certified Fee M rk O Return Receipt Fee Her E3 (Endorsement Required) Restricted Delivery Fee (Endorsement Required)CD -- -u I ) Total Postage&Fees $ 11J *I:NW N Sent la loot, .11�(10 I' T\ 1 lonS D141 14v1 E3 or treet, PO BoxApt.fdo.Na.:Da ol K. mD 1014 tIlYd WSS$ f`- City,State,ZIP+4 I D t e) 141 4401r) 1 J) P0,5;Form 3800..August 2006 See Reverse for instructions DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: July 27, 2015 Neattnigaidarn TO: Duane Kanuha, Planning Director FROM: De mment of Public Works, Engineering Division SUBJECT: CHANGE OF ZONE APPLICATION (REZ 15-000191) Applicant: Nimr Tamimi Request: RS-10 to CN-20 Tax Map Key: 2-2-34: 083 We have reviewed the subject application forwarded by your memo dated July 6, 2015 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 study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. All earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. The Zoning Map (Ordinance No. 187) classifies Manono Street as a collector with an existing right-of-way width of 60 feet fronting the subject property. We recommend the applicant provide improvements to the property's entire Manono Street frontage consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting the approval of the Department of Public Works. Questions may be referred to Kelly Gomes at ext. 8327. Planning Dept. Exhibit 2 0 0-0 3, , Cnnnty of Nawaii is an Finial flnnnrtnnity Prnvi`ipr and Fmnlnunr tv oc William P.Kenoi � "' �'/, ' BJ Leithead Todd . Mayor • --^r•r Director Walter K.M.Lau E... N''�! John A.Medeqtos Managing Director Deputy Director 4,4 Count of%Anal DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekaanao`a Street,Suite 41 • Hilo,Hawai i 96720 (808)961-8083 •Fax(808)961-8086 htt ) wvi h >_iiCOttlitty e intik irnanc ita1-n ana2ell nt! MEMORANDUM Date : July 7,2015 To : DUANE KANUHA,Planning Director From: BJ LEITHEAD TODD,Director 6"J- Subject: Change of Zone Application (REZ 15-000191) Applicant:Nimr Tamimi Request: RS-10 to CN-20 for 22,000 Square Feet of Land TMK: 2-2-034:083 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.) (`r) No comments ( ) Commercial operations, State and Federal agencies,religious entities and non-profit organizations may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( ) Ample and equal room should be provided for rubbish and recycling. ( ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations,or other suitable diversion programs. ( ) Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: Planning Dept. - - ExhibitISCANNEDI County of Hawai`i is an Equal Opportunity Provider and Employer. L.....2...u,JUL I zp YF .�i /LW�• / ,.. William P.Kenoi :1.16.. ""-;.i/:'.: BJ Leithead Todd Mayor '_}s+z. Director Walter K.M.Lau . Of w}+►_• John A.Medeiros Managing Director Deputy Director Ccutycf HanEi`I DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Keknanao`a,Suite 41 • Hilo,Hawaii 96720 (808)961-8083 •Fax(808)961-8086 imp: MEMORANDUM Date : July 9,2015 To : DUANE KANUHA,Planning Director From: BJ LEITHEAD TODD, Director A1`1, Subject: Change of Zone Application(REZ 15-000191) Applicant:Nimr Tamimi Request:RS-10 to CN-20 for 22,000 Square Feet of Land TMK: 2-2-034:083 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: Lyle WASTEWATER COMMENTS: (Contact Wastewater Division for details.) Hirota _= ( ) No comments ( X) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii i County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code.Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( X) Check or line out as applicable: [X] If required by the Director of the Department of Environmental Management("Director of DEM"), [ I 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: Property is currently connected to the County Sewer. Installation of pretreatment facilities and upgrade of the lateral to provide a sewer manhole at the property line should be required with new structures. County of Hawaii is an Equal Opportunity Provider and Employer. • .'JNSVOFH;. William P.Kenoi = °' 'y . Harry S.Kubojiri • ���J Mayor �„ + Police Chief • Paul K.Ferreira Deputy Police Chief County of Hawai' POLICE DEPARTMENT 349 Kapi`olani Street • Hilo,Hawai`i 96720-3998 (808)935-3311 • Fax(808)961-2389 July 8, 2015 TO : DUANE NUHA, PLA NING DIRECTOR FROM : HEN Y T�. ' , ASSISTANT POLICE CHIEF ARE PERATIO SUBJECT: CHANGE OF ZONE APPLICATION (REZ 15-000191) APPLICANT: NIMR TAMIMI REQUEST: RS-10 TO CN-20 FOR 22,000 SQUARE FEET OF LAND TAX MAP KEY: 2-2-034:083 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:IIi 150452 Planning Dept. Exhibit al # "Hawai'i County is an Equal Opportunity Provider and Employer" . • William P. Kenoi Darren J. Rosario - "'` :!v, �, - Mayor �a Fire Chief • - Renwick J. Victorino +y.••. .;!. _ — - Deputy Fire Chief County of atho.i`i HAWAII FIRE DEPARTMENT 25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720 (808)932-2900•Fax(808)932-2928 August 3, 2015 TO: - DUANE KANUHA, PLANNING DIRECTOR FROM: DARREN J. ROSARIO, FIRE CHTFF SUBJECT: Change of Zone Application (REZ 15-000191) Applicant: Nimr Tamimi Request: RS-10 to CN-20 for 22,000 square feet of land Tax Map Key:2-2-034:083 In regards to the above-mentioned Change of Zone application,the following shall be in accordance: NFPA 1, UNIFORM FIRE CODE,2006 EDITION Note: Hawai`i State Fire Code, National Fire Protection Association 2006 version, with County of Hawai`i 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 addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including, but not limited to, additional fire appliance units, 0111) more than one type of appliance, or special systems suitable for the protection of the hazard involved. •C ama 18.1.1 Plans. 1 LIS 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. 18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systemste� shall be JrA�4 submitted to the fire department for review and approval prior to c ngrettQ � ED ,� 4.4 AUG - 5 2015y; ,I 10010 , Hawaii Cnunhi is an Farm!(h,nnrhnrihr Prm,idar and Duane Kanuha August 3, 2015 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 400ft2 (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 August 3,2015 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 August 3, 2015 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- 18.2.3.4.6.1The 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. 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. Duane Kanuha August 3, 2015 Page 5 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. 18.2.4.2.3 Roads, trails, and other access ways 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. Duane Kanuha August 3,2015 Page 6 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. 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. Duane Kanuha August 3,2015 Page 7 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; 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. Duane Kanuha August 3, 2015 Page 8 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 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. w Duane Kanuha August 3, 2015 Page 9 5) For buildings with an approved automatic sprinkler system, the minimum water supply required may be modified. If there are any questions regarding these requirements,please contact the Fire Prevention Bureau at (808) 932-2911. ..--------li:,) / ''.-. --------- DARREN J. ROSARIO Fire Chief CB:nac DAVID Y.IGE :'q :. 7i' SUZANNE D,CASE GOVPRNOROP]GWAD ..� C, ,, DN ( (, ✓7} BOARD OF LAND AND NAtt1lIALklSOURCC•S • `I f, A tic 3 .'COMMI ONON WA78RRESOURCCMNiAGFAffM STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 'StrofHavi►5% HONOLULU,HAWAII 96809 July 31,2015 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 15-000191); RS-10 to CN-20 for 22,000 Square Feet of Land, Nimr Tamimi, Applicant, South Hilo, Hawaii,TMK: (3)2-2-034:083 Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comments. At this time, enclosed are comments from the (i) Engineering Division, and (ii) Land Division on the subject matter. Should you have any questions, please feel free to call Kevin Moore at 587-0426. Sincerely, Russell Y.Tsui Land Administrator Enclosure(s) • SCANNED Planning Dept. AUG - 4 2015 Exhibit d, B : .10.013 6 p ��� k DAVID Y.IGE 4S gp}D -- SUZANNE D.CASE °v"?S' ! GCIVF:RNOA 01 HAWAIIHARHAWAIIC71ANtYENS(Y1 j "�. BOARD OF 1 MD AND NA'1:,NAL NI-MA KC. '� ),y�}\i' l'iXAMINSIl.N Oi%Wilt RESQUACE MANADEND N; PIN'F3Y. pct t yl `oond and ��,ar , ," .--c**.N �t 7- STATE OF HAWAII $ ` N DEPARTMENT OF LAND AND NATURAL RESOURCES 11 LAND DIVISION POST OFFICE BOX 621 sf4re ofH0°' HONOLULU,HAWAII 96809 4J July 9,2015 Ir— r- MEMORANDUM 6 DLNR Agencies: /a 1" • • __Div.of Aquatic Resources g _Div. of Boating&Ocean Recreation - i 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 17P; X Historic Preservation FIjIM: �%• Russell Y. Tsuji,Land Administrator SUBJECT: Change of Zone Application (REZ 15-000191); RS-10 to CN-20 foi 22,000 Square Feet of Land LOCATION: South Hilo, Hawaii,TMK: (3)2-2-034:083 APPLICANT: Nimr Tamimi Transmitted for your review and comment is information on the above referenced application. We would appreciate your comments on this application. Please submit any comments by July 30,2015. 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. ( ) Comments are attached. Signed: fig . ( r Print n L. a • Date: / ' _ _ Y cc: Central Files DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y.Tsuji REF:Change of Zone Application for 717 Manono Street(22,000 Sq.Ft.of Land),South Hilo Hawaii.038 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 project site,according to the Flood Insurance Rate Map(FIRM),is located in Flood Zone_ () Please note that the correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map(FIRM)is . () Please note that the project 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.Carter Romero(Acting)at(808)961-8943 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 lmada of the P/Idnhing Br ncb at 587-0257. Signed: t C�1 Y CHAHIEF ENGINEER Date: / 7� State of Hawaii `,,, I FLOOD HAZARD ASSESSMENT REPORT ......................,..,..,.............„,t, j 1 IlI 1. ( ': __ i It _... • — 1 f 1 I • a :!c I if .,,...,.».,W.,.d...'..r.....»....,. I �f N7• Tom..,. 1•,••-!-----__f_•-••••••• --__ .......::......,- ..«,.,..•�. - ..<... • Poi 01 . .* iill , i , • Yh Ir S*t '.ni,co.-t'S,4,ja,. S'FI,:Pk ie • {r {-...� , 'i` '} - 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)2-2-034-083 flood,is the flood that has a 1%chance of being equaled or exceeded in any given year. PARCEL ADDRESS: 717 MANONO 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 Flood FIRM INDEX DATE: APRIL 02.2004 Elevation(BFE)is the water-surface elevation of the 1%annual chance flood. Mandatory LETTER OF MAP CHANGE(S): NONE flood insurance purchase applies in these zones: FEMA FIRM PANEL(S): 1551660880C III Zone A: No BFE determined. 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. j Zone A0: 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 III Zone VE: Coastal flood zone with velocity hazard(wave action);BFE determined. IMAGERY DATA FROM: MAY 2005 III Zone AEF: Floodway areas in Zone AE. The floodway is the channel of strewn plus any adjacent floodplain areas that must be kept free of encroachment so that IMPORTANT PHONE NUMBERS 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 apply,but coverage is available in Cotler Romero.P.E..CFM (80 961-8943 participating communities. State NFIP Coordinator III 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 Declaimer The Department of Land and Natural Resources IOLNR, than 1 square mile,and areas protected by levees from 1%annual chance flood. assumes no responsibility arising nom the use of the information 0.2% contained in this report Viewers7Users are responsible for verifying the Zone X Areas determined to be outside the 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 tiSFI Zone D: Unstudied areas where flood hazards are undetermined,but flooding is If this map has been identified as PRELIMINARY'or'UNOFFICIAL'. Bible. No mandatoryflood insurancepurchase requirements a please benusedte that it is being galprodeed for ,regulatory purposesc ,Ord is pos eq apply,but coverage not to for official/legal decisbns.regulatory compliance,Or(Mad is available in participating communities. insurance rating Contact your county NFIP coordinator for flood zone determine ions to be used for compliance with local 7^,)d,:ln,n management regulations • DAVID Y.IGE q ,,.s.a' i SUZANNE D.CASE GOVERNOR OF HAWAII ! ^:1" CHAIRPLI NA �.-+i(u �tirl:�,. BOARD OF LAND AND NATURAL RESOVRCU nn S f COMI.RSSICN(N WATER%SOURCE MANAGEMENT Y�', A}� d`Ad and Nary go STATE OF HAWAII -1 I IIrDEPARTMENT OF LAND AND NATURAL RESOURCES —ikLAND DIVISION POST OFFICE BOX 621 St4teott +jO HONOLULU,HAWAII 96809 July 9,2015 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 Preservation FROM: Russell Y. Tsuji,Land Administrator (REZ � n SUBJECT: Change of Zone Application E15-000191); RS-10 to CN-20 for or 22,000 Square Feet of Land LOCATION: South Hilo,Hawaii,TMK: (3) 2-2-034:083 APPLICANT: Nimr Tamimi Transmitted for your review and comment is information on the above referenced application. We would appreciate your comments on this application. Please submit any comments by July 30,2015. 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. (./f We have no comments. ( ) Comments are attached. Signedel Print name: /� pi G, /IA", Date: 7• 1 cc: Central Files ` S DAVID Y.IGE ='o�'ti• VIRGINIA PRESSLER,M.D. GOVERNOR OF HAWAII ,;p�.�;9 ey.;. ,. DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: July 8, 2015 • TO: Mr. Duane Kanuha Planning Director, County of Hawaii FROM: Eric Honda VA District Environmental Health Program Chief SUBJECT: Change of Zone Application (REZ 15-000191) Applicant: Nimr Tamimi Request: RS-10 to CN-20 for 22,000 Square Feet of Land TMK: 2-2-034:083 The applicant would need to meet the requirements of our Department of Health Air Pollution Rules,Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. The proposed Food establishment needs to meet the requirements of Chapter 50, Food Safety Code. Please call our office (Ph. 933-0917) for consultation and additional information. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of H .14: 0917. Planning Dept. JUL 1 3 2015 Exhibit, 4' By,0 Duane Kanuha July 8, 2015 Page 2 of 2 The Department of Health does not have any objections to the proposed change in land uses. However, existing or planned land use activities adjacent to the proposed residential area should be compatible with a residential neighborhood. We recommend that you review all of the Standard Comments on our website: http://hawaii.gov/health/environmental/env-planning/landusellanduse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. • WORD:REZ 15-000191.eh RRTamiini-REZ.jwd 09-22-15 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION NIMR TAMIMI CHANGE OF ZONE APPLICATION (REZ 15-000191) 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-20 to establish manufacturing and retail uses on-site, which includes the construction of a new 6,300 square-foot(35-foot by 180-foot)building. The building is proposed to be single-story but could include a second level with mezzanines or floors. The proposed commercial building will be used for the new location of the Atebara Chips &Hawai`i Island Gourmet business and for additional tenant space for other businesses. Parking will be provided on-site. The applicant intends to commence construction within the next five years and complete within 10 years from the date of approval. The cost of construction is estimated at approximately$1,000,000. 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-20 will conform to, among others, 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, Re: Bill 110/Comm. 525 policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the goals,policies and standards of the General Plan in that the proposed development will be developed in an area adequately served by necessary services such as water, utilities and transportation systems. The proposed project conforms to the Commercial Development goal which states "provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods." The Land Use Pattern Allocation Guide(LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The project area is designated Medium Density Urban on the LUPAG Map. This designation allows village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential—up to 35 units per acre). The requested zoning would be consistent with the urban designation on the LUPAG Map for this area of Hilo. The requested zoning is also consistent with the following goals, policies, and actions of the General Plan: LAND USE—GENERAL • Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • 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. • Within the Waiakea Houselots "medium density" area, commercial development shall be focused on the major streets---Kekuanaoa, Piilani, Manono, and Lanikaula, while the interior blocks should be zoned primarily for single- and multi-family residential use. The State Land Use designation for the subject property is Urban. The property is designated Urban by the Land Study Bureau's Productivity Rating. The Hilo Community Development Plan(CDP), adopted in 1975, suggests residential uses in this area. However, this area is transitioning to higher density commercial type uses. The proposed change of zone would complement the existing commercial land uses that already exist in this area and will provide for an orderly development of the area. The property is 22,000 square feet in size and is rectangular in shape. The property is located at 717 Manono Street in the Waiakea House Lots. The parcel has been the location of an existing dwelling that was constructed in 1925, as well as the Atebara Chips business since 1946. The land uses in the area are a mix of residential and commercial uses. The Manono Street Marketplace is located adjacent to the property to the north, which is zoned CN-20. Rezonings in the area from Single-Family Residential (RS) to Neighborhood Commercial (CN) include adjacent properties to the north and south, and other properties to the northwest across Manono Street and to the southeast. Businesses include the Manono Street Marketplace, Big Island Candies, Kilauea Kreations II, and others -3- All utilities and services are available to the site. Access to the project site will be from Manono Street, which is a County owned and maintained roadway and identified as a secondary arterial with an existing right-of-way width of 60 feet fronting the property. The Department of Public Works (DPW)has recommended that the applicant provide improvements to the property's entire Manono Street frontage consisting of,but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation. The project will connect to the existing County sewer system. County water is available to the property from Manono Street fronting the property. 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 the property being used for residential and commercial purposes. A request was made to the Department of Land and Natural Resources-State Historic Preservation Division (DLNR-SHPD) for a"no-effect" letter regarding the proposed project,but as of the date of this writing, no response has been received. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The project site is not proximate to the shoreline and outside of the SMA. There is no record of a designated public access to the shoreline or mountain areas that traverses the site. According to the applicant,no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. 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 -4- subject property. Additional governmental requirements may include the issuance of building permits,the installation of approved wastewater disposal systems, compliance with the Fire Code,installation of improvements required by the American with Disabilities Act (ADA), among many others. 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-20)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- Mtv os .. COUNTY OF HAWAII : :a�:,�;£� ' STATE OF HAWAI I BILL NO. ORDINANCE NO. ( gJMlAJ4 bEPT) 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—20,000 SQUARE FEET(CN-20) AT WAIAKEA HOUSE LOTS, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-034:083. 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 House Lots, South Hilo, Hawaii, shall be Neighborhood Commercial—20,000 Square Feet(CN-20): Beginning at the Northwest corner of this parcel of land and on the easterly side of Manono Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station"HALA`I"being 1,463.00 feet South and 9,146.00 feet East and running by azimuth measured clockwise from True South: 1. 270° 00' 220.00 feet along Lot 1-A,being a portion of Lot 9, Block 20 of the Waiakea House Lots, Grant 8742 to John A. Lee; 2. 00° 00' 100.00 feet along Lot 12, Block 20 of the Waiakea House Lots, Grant 8743 to Kaichiro Ikeda; 3. 90° 00" 220.00 feet along Lot 13-B-1 and Lot 13-A-1,being portions of Lot 13, Block 20 of the Waiakea House Lots, Grant 8800 to Maria de Gloria Martin; 4. 180° 00' 100.00 feet along the easterly side of Manono Street to the point of beginning and containing an area of 22,000 square feet, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44,Hawai`i County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -2- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- R5-10 R5-10 R5-10 R5-10 CN-20 SINGLE FAMILY RESIDENTIAL-10,000 SQUARE FEET(RS-10)TO NEIGHBORHOOD COMMERCIAL-20,000 SQUARE FEET(CN-20) 22,000 SQUARE FEET CN-20 CN-20 1,463.00'5 9,46.00'E "HALA'1" 0 R5-10 R5-10 `" CN-10 R5-10 R5-10 CN-10 R5-10 0 Z 0Z R5-10 R5-10 R5-10 R5-10 R5-10 N KEKUANAcYA ST Feet 0 125 250 375 500 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 - 20,000 SQUARE FEET (CN-20) AT WAIAKEA HOUSE LOTS, SOUTH HILO, HAWAII MAP PREPARED BY: TM K:(3)2-2-034:083 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:JULY 16,2015 EXHIBIT"A" Tamimi Mao: 1362 CTamimi-REZ.jwd 09-22-15 NIMR TAMIMI CHANGE OF ZONE APPLICATION (REZ 15-000191) 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 (DWS),the applicant(s) shall submit the anticipated maximum daily water usage calculations as prepared by a professional engineer licensed in the State of Hawai`i to the DWS. A water commitment deposit shall be paid to the DWS within 180 days from the effective date of this ordinance in accordance with Rule 5 of the Department of Water Supply's Rules and Regulations. The applicant is responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. C. If required, the applicant(s) shall install a reduced pressure type backflow prevention assembly within five(5) feet of the existing water meter and any additional water meters on private property, which must be inspected and approved by the Department of Water Supply. D. Construction of the proposed development shall be completed within five(5) years from the effective date of this ordinance. Prior to construction,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 for CN zones adjoining a RS zone. E. Driveway access from Manono Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawai`i County Code. F. The applicant shall provide improvements to the property's entire Manono Street frontage consisting of,but not limited to,pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation meeting with the approval of the Department of Public Works prior to issuance of a Certificate of Occupancy. 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 issuance of a Certificate of Occupancy. H. If required by the Department of Environmental Management-Wastewater Division,the applicant shall install pretreatment of facilities and upgrade the lateral to provide a sewer manhole at the property line in connection with the construction of the new structure. 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 unit shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a combined value of$8,667.10 per multiple family residential unit($13,506.70 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 unit) shall be allocated as follows: 1. $4,275.24 per multiple family residential unit($6,513.17 per single family residential unit) to the County to support park and recreational improvements and facilities; -2- 2. $135.12 per multiple family residential unit($314.20 per single family residential unit)to the County to support police facilities; 3. $415.64 per multiple family residential unit($620.58 per single family residential unit) to the County to support fire facilities; 4. $185.25 per multiple family residential unit($271.70 per single family residential unit)to the County to support solid waste facilities; and 5. $3,655.85 per multiple family residential unit($5,787.06 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: -3- 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. 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- Lrt N (.! O 1-1 r•-• CA O O O a MINIM *11W 0 Q IMMO W 0 LJ- 0 W } - 3AV tlfl H313 ONVN 3AVtlf11-13130 6 ,r- .ice . . 1 1_ 1 riiiilii lulill: di „,, I � il. 1 . . _ 1U11111 . ..,..i.,,,,z...,„,..,„„..,..„,„, ,..... .,„ .,.„,_ .--- ''' ..-,t i _ Ir .il . 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