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HomeMy WebLinkAboutCOM 1153.000 2014-2016 Randall M.Kurohara Managing Director William P. Kenoi .I•'�F�� .• ��• Mayor -Aver • — Robert H.Command • ;;A:i +;: Deputy Managing Director TE Of N�`'f► . County of q. .nfuti`i ®fficr of fir Atavor 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 24, 2016 Dru Kanuha, Council Chair and Members of the County CouncilSP- ' County of Hawaii c 25 Aupuni Street Hilo, HI 96720 N --4 Dear Chairman Kanuha and Members: .. I SUBJECT: V Change of Zone Application (REZ 16-000207),• ". Applicant: Paul Ogasawara �.. Request: RS-10 to CV-10 Tax Map Key: 1-5-002:027 and 1-5-114:020(portion) Change of Zone Application(REZ 16-000208) Applicant: Robert S. and Carol Oshiro Request: RS-10 to CN-10 Tax Map Key: 2-2-040:004 Change of Zone Application (REZ 16-000209) Applicant: Kristen Mahnke Request: RS-10 to CN-10 Tax Map Key: 2-2-040:108 Change of Zone Application (REZ 16-000210) Applicant: John K. and Lori L. Kai Request: A-20a to FA-2a Tax Map Key: 2-5-047:031 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. ` ;sem► 4 William P. Kenoi Mayor Enclosures Comm.No. S3 cc: Planning Department Ref.To: Ref.Datec?)\ Pa51) County of Hawai'i is an Equal Opportunity Provider and Employer. MtY Oi p ' William P.Kenoi 1.-- ' Gregory Henkel,Chair Mayor ; �. ‘•': ;,';r:•'; Myles Miyasato,Vice Chair Joseph Clarkson % 4-- ••. Donn Dela Cruz • '14; so• Donald Ikeda • Raylene Moses 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 P.) © €'L Q Ilt F- OCI OCT 2 4 20th '" N � t 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 16-000207) Applicant: Paul Ogasawara Request: RS-10 to CV-10 Tax Map Key: 1-5-002:027 and 1-5-114:020 (portion) The Windward Planning Commission, at its duly held public hearing on October 6, 2016, recommended for your approval the proposed legislative bill for a Change of Zone from a Single- Family Residential - 10,000 square feet (RS-10) to a Village Commercial - 10,000 square feet (CV-10) zoning district for approximately 29,837 square feet of land. The property is located on the south side of Pahoa Village Road, about 320 feet southeast of Akeakamai Loop, Pahoa Village, Puna, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicants are requesting a Change of Zone from Single-Family Residential - 10,000 square feet (RS-10) to Village Commercial - 10,000 square feet (CV-10) for approximately 29,837 square feet of land in order to confirm the existing gas station and auto repair activities (portions of a driveway and parking) on TMK 1-5-114:020, eliminate the split zoning of parcel 20 by having the 21,750 square feet area zoned CV- 10, and increase the auto repair area by expanding an existing open structure into the subject properties. The expansion will consist of about 2,400 square feet and will straddle Hawai`i County is an Equal Opportunity Provider and Employer Dru Kanuha, Council Chair and Members of the County Council Page 2 the property line, therefore to prevent any building setback issues, parcel 20 and parcel 27 will be consolidated. On-site parking will be provided as required by the Zoning Code. The applicant, a lifelong resident of Pahoa, owns and operates a gas station, auto repair shop called Paul's Repair Service, and a convenience store called N&P Mart on the CV- 10 zoned portion of TMK 1-5-114:020. In 2004 he acquired a 21,750 square foot portion of an adjoining parcel, zoned RS-10, and had this area consolidated with the CV-10 zoned portion of parcel 20, creating a split zoned lot. Since then, at least 10,000 square feet of the newly acquired area was used for activities associated with the commercial uses, primarily as a driveway and parking. 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 an RS-10 to a CV-10 zoning district conforms to applicable goals, policies and standards of the General Plan. The subject property is located within Pahoa Village. Several of the surrounding properties along Pahoa Village Road have been rezoned from a residential to commercial zoning district since the Zoning Code was originally adopted in 1967. Land uses in the immediate area are primarily commercial in nature and include a restaurant, barbershop, church and medical clinic. Thus, the applicant's request is consistent with surrounding land uses and zoning. 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 request to change the zoning to a CV-10 district conforms to the LUPAG Map, which designates the property and the surrounding area as Medium Density Urban. Such designation allows village and neighborhood commercial uses and single-family and multiple-family residential uses and related functions, up to 35 units per acre. In addition to being consistent with the LUPAG Map, the request would also support the following goals and policies of the General Plan Land Use and Economic elements: Dru Kanuha, Council Chair and Members of the County Council Page 4 2015 the County Council created the Pahoa Village Design District. The subject property is situated within the design district; therefore, plans for the proposed expansion will be reviewed by the design committee to ensure consistency with the design guidelines. Based on the above findings, the request will conform to the General Plan and Puna Community Development Plan. All essential utilities and services are available to the site. Access to the property is from Pahoa Village Road, a County owned and maintained roadway with a pavement width of approximately 20 feet within an irregular width right-of-way fronting the subject property. The General Plan identifies Pahoa Village Road as a collector street which requires a minimum right-of-way width of 60 feet. However, recently the Planning Department and Department of Public Works (DPW) have recognized that due to the location of existing structures in or abutting the current right-of-way, it is highly unlikely that a 60-foot wide right-of-way can be achieved for this road. Instead a 50-foot wide right-of-way is more realistic. Therefore, and since the right-of-way fronting the property is irregular, DPW recommends the applicant provide a 25-foot wide future road widening setback taken from the roadway's existing centerline. Since the travel lane is about 10 feet wide, this would mean the future road widening strip would be about 15 feet wide, but since the right-of-way width along the property is irregular, in some areas the road widening strip would be less or greater than 15 feet. The provision of this future road widening setback would also resolve the encroachments within the right-of-way and subject property. In the past, the Planning Department and County Council have not required future road widening strips along Pahoa Village Road from landowners that have rezoned their properties to a commercial zoning district. However, in 2008 the Puna Community Development Plan was adopted, which recommends that village/town centers incorporate walking and bicycle paths into the roadway network. In comments regarding this application, the Department of Public Works recommends the applicant or successor landowner provide a pro rata share of the cost of constructing roadway improvements, to include curb, gutter, sidewalk, pavement widening and utility relocation, at the time when such improvements are implemented by the County. The Planning Department concurs with these recommendations. In order to provide these multimodal facilities, additional right-of-way will be needed. Therefore, the Department recommends that the applicant provide a future road widening strip and pay a pro-rata share of the cost of constructing the improvements when DPW initiates a sidewalk improvement project along this section of Pahoa Village Road. Dru Kanuha, Council Chair and Members of the County Council Page 4 2015 the County Council created the Pahoa Village Design District. The subject property is situated within the design district; therefore, plans for the proposed expansion will be reviewed by the design committee to ensure consistency with the design guidelines. Based on the above findings, the request will conform to the General Plan and Puna Community Development Plan. All essential utilities and services are available to the site. Access to the property is from Pahoa Village Road, a County owned and maintained roadway with a pavement width of approximately 20 feet within an irregular width right-of-way fronting the subject property. The General Plan identifies Pahoa Village Road as a collector street which requires a minimum right-of-way width of 60 feet. However, recently the Planning Department and Department of Public Works (DPW) have recognized that due to the location of existing structures in or abutting the current right-of-way, it is highly unlikely that a 60-foot wide right-of-way can be achieved for this road. Instead a 50-foot wide right-of-way is more realistic. Therefore, and since the right-of-way fronting the property is irregular, DPW recommends the applicant provide a 25-foot wide future road widening setback taken from the roadway's existing centerline. Since the travel lane is about 10 feet wide, this would mean the future road widening strip would be about 15 feet wide, but since the right-of-way width along the property is irregular, in some areas the road widening strip would be less or greater than 15 feet. The provision of this future road widening setback would also resolve the encroachments within the right-of-way and subject property. In the past, the Planning Department and County Council have not required future road widening strips along Pahoa Village Road from landowners that have rezoned their properties to a commercial zoning district. However, in 2008 the Puna Community Development Plan was adopted, which recommends that village/town centers incorporate walking and bicycle paths into the roadway network. In comments regarding this application, the Department of Public Works recommends the applicant or successor landowner provide a pro rata share of the cost of constructing roadway improvements, to include curb, gutter, sidewalk, pavement widening and utility relocation, at the time when such improvements are implemented by the County. The Planning Department concurs with these recommendations. In order to provide these multimodal facilities, additional right-of-way will be needed. Therefore, the Department recommends that the applicant provide a future road widening strip and pay a pro-rata share of the cost of constructing the improvements when DPW initiates a sidewalk improvement project along this section of Pahoa Village Road. Dru Kanuha, Council Chair and Members of the County Council Page 5 Additionally, to be consistent with the concurrency requirements of the Zoning Code, a condition of approval will require submittal of a Traffic Impact Analysis Report (TIAR) if a land use is developed that would generate over 50 peak hour trips. The applicants will be responsible for constructing any improvements identified in the TIAR required by the Department of Public Works. The project site has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The property is located in flood zone "X" which is an area determined by FEMA to be outside the 500-year flood plain. County water is available from an existing 8-inch waterline within Pahoa Village Road fronting the property. Parcel 20 is currently served by a 5/8-inch meter limited to an average daily usage of 400 gallons. Therefore, County water can be provided to the property, however the applicant may need to install an additional or larger water meter if the Department of Water Supply determines the existing water meter is not adequate to provide enough water for the expansion of commercial uses on the subject property. Additionally, the 8-inch waterline fronting the property is not capable of providing the required pressure of 2,000 gallons per minute of water flow for fire protection for commercial land uses, so the applicant will need to implement fire protection measures as required by the Fire Department. According to the Department of Health, an existing cesspool on parcel 20 services the gas station, market and auto shop. The applicant may need to install a new septic system to replace the existing cesspool to service the expanded commercial uses. There are no municipal waste collection services in the County. Therefore, all solid waste generated by development of the property will require private disposal at the Pahoa transfer station or Hilo landfill. Electrical and telephone services are available to the property. Police and fire services are available nearby in Pahoa and medical services are available in Pahoa and Hilo. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American Dru Kanuha, Council Chair and Members of the County Council Page 6 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 findings, the request to rezone the property from a Single- Family Residential - 10,000 square feet (RS-10) to Village Commercial - 10,000 square feet (CV-10) zoned district would result in an appropriate land use pattern that would further benefit the general public. The accompanying draft bill to amend Section 25-8-26 (Pahoa Zone Map), Article 8, 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. We are enclosing copies of the staff Background, Planning Director's Recommendation, the Power point presentation and a draft transcript of the hearing for your information. Sincerely, Gregory Henkel, Chairman Windward Planning Commission LOgasawaraREZ 16-207wpc2 Enclosures cc: Paul Ogasawara Sidney M. Fuke, Planning Consultant Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD William Brilhante, Esq., Corporation Counsel BOgasawaraREZ.mjj 9/19/16 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT PAUL OGASAWARA CHANGE OF ZONE APPLICATION (REZ 16-207) PAUL OGASAWARA has submitted an application for a Change of Zone from a Single-Family Residential— 10,000 square feet(RS-10) to a Village Commercial— 10,000 square feet(CV-10) zoning district for approximately 29,837 square feet of land. The subject property is located on the south side of Pahoa Village Road, about 320 feet southeast of Akeakamai Loop, Pahoa Village, Puna, Hawai`i, TMK: 1-5-002:027 and 1-5-114:020 (portion). PROPOSED ACTION 1. Applicant's Request: Change the zoning district from Single-Family Residential— 10,000 square feet (RS-10)to a Village Commercial— 10,000 square feet (CV-10) for 29,837 square feet of land. According to the Zoning Code, the purpose of the Village Commercial zoning district is to provide a broad range or variety of commercial and light industrial uses that are necessary to serve the population in rural areas where the supplementary support of the general business uses and activities of a central commercial district is not readily available. Requirements for establishing a land use in the CV district, including a list of the variety of permitted land uses, are shown in Section 25-5- 120 to 128 of the Zoning Code. (P.D. Exhibit 1 —Zoning Code Requirements for Village Commercial Districts) 2. Reason for Request: The applicant, a lifelong resident of Pahoa, owns and operates a gas station, auto repair shop called Paul's Repair Service, and a convenience store called N&P Mart on the CV-10 zoned portion of TMK 1-5-114:020. In 2004 he acquired a 21,750 square foot portion of an adjoining parcel, zoned RS-10, and had this area consolidated with the CV-10 zoned portion of parcel 20, creating a split zoned lot. Since then, at least 10,000 square feet of the newly acquired area was used for activities associated with the commercial uses, primarily as a driveway and parking. The applicant is requesting the change of zone in order to confirm the existing gas station and auto -1- repair activities (portions of a driveway and parking) on TMK 1-5-114:020, eliminate the split zoning of parcel 20 by having the 21,750 square feet area zoned CV-10, and increase the auto repair area by expanding an existing open structure into the subject properties. The expansion will consist of about 2,400 square feet and will straddle the property line, therefore to prevent any building setback issues,parcel 20 and parcel 27 will be consolidated. On-site parking will be provided as required by the Zoning Code. (P.D. Exhibit 2 - Change of Zone Application dated May 25, 2016) 3. Landowners: Paul and Nui Ogasawara. STATE AND COUNTY PLANS 4. State Land Use District: Urban. 5. General Plan LUPAG Map Designation: Medium Density Urban. 6. Current County Zoning: Single-Family Residential— 10,000 square feet(RS-10). 7. Puna Community Development Plan (PCDP): The subject property is located within the Pahoa Regional Town Center. In 2013, design guidelines were created for Pahoa Village and in 2015 the County Council created the Pahoa Village Design District, which requires that plans for development within the village will be reviewed by a design committee to ensure consistency with the design guidelines in order to maintain the architectural character of Pahoa Village. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 8. Subject Property: The subject property is located on the south end of Pahoa Village. The property consists of two lots, parcel 20 and parcel 27. Both parcels are fairly level. Parcel 20 is 42,418 square feet in size and is irregular in shape with about 285 feet of frontage along Pahoa Village Road. The applicant is proposing to rezone a 21,750 square foot portion of this parcel. Parcel 27 is 9,557 square feet in size and triangular in shape. It is located to the rear of parcel 20 and does not have frontage on Pahoa Village Road. Parcel 27 is vacant of structures. The portion of Parcel 20 that is zoned CV-10 contains a gas station that according to Real Property Tax records was built in 1938, a convenience store market built in 1996 by converting a portion of the existing service station building, and an auto repair shop built in 2001. All building, plumbing and electrical permits for -2- these structures have been finalized. Based on a 2004 subdivision map, a concrete isle and concrete pavement associated with the fuel pumps, and part of a rock wall on the Kalapana side of the property encroach in the County road right-of-way. A portion of the County roadway also encroaches on the applicant's property. 9. Surrounding Land Uses/Zoning: Surrounding lands are zoned RS-10, CV-10 and RM- 2 and are primarily commercial in nature. There is a restaurant, barber shop and church across Pahoa Village Road to the north and east, a medical clinic established by Use Permit on lands zoned RS-10 to the south, and vacant lot to the west. Further to the west is the center of Pahoa Village. 10. U.S.D.A. Soil Type: The Ola`a series (OiD) consists of well-drained, silty clay barns that formed in volcanic ash. Permeability is rapid, runoff is slow and the erosion hazard is slight. 11. Agricultural Lands of Importance to the State of Hawaii(ALISH): Existing Urban Development. 12. Land Study Bureau's Soil Productivity Rating: Urban. 13. Flood Zone: Zone X, an area determined by FEMA to be outside the 500-year flood plain. 14. Flora/Fauna Resources: Due to the property's close proximity to Pahoa Village with its more urban uses,it is not likely to have endangered floral or faunal species. 15. Archaeological/Cultural/Historical Resources: No archaeological inventory survey was prepared as the surrounding area has been developed since the 1930's with a gas station. According to the applicant, no valued cultural or historical resources exist on the site and no traditional and customary native Hawaiian rights are exercised on the site. 16. Public Access: There is no public access to the mountains or the shoreline that traverses the property. 17. Traffic: The applicant does not anticipate a significant increase in traffic because the rezone will confirm existing uses associated with the businesses on the property, primarily a driveway and parking. Additional traffic is estimated to be 5 additional trips during the a.m. and p.m. peak hours. -3- UTILITIES AND SERVICES 18. Access: Access to the property is from Pahoa Village Road, a County-owned and maintained roadway with a pavement width of approximately 20 feet within an irregular width right-of-way fronting the subject property. The General Plan identifies Pahoa Village Road as a collector street which requires a minimum right-of-way width of 60 feet. However, recently the Planning Department and Department of Public Works (DPW)have recognized that due to the location of existing structures in or abutting the current right-of-way, it is highly unlikely that a 60-foot wide right-of-way can be achieved for this road. Instead a 50-foot wide right-of-way is more realistic. Therefore, and since the right-of-way fronting the property is irregular, DPW recommends the applicant provide a 25-foot wide future road widening setback taken from the roadway's existing centerline. The provision of this future road widening setback would also resolve the encroachments within the right-of-way and subject property. The DPW also recommends the applicant or successor landowner provide a pro rata share of the cost of constructing roadway improvements, to include curb, gutter, sidewalk,pavement widening and utility relocation, at the time when such improvements are implemented by the County. 19. Water: County water is available from an 8-inch waterline within Pahoa Village Road. Parcel 20 is currently served by a 5/8-inch meter, which is typically limited to an average daily usage of 400 gallons. The Department of Water Supply(DWS) recommends the applicant provide water usage calculations for the existing uses and proposed expansion so they can determine if the existing water meter is adequate or if an additional or larger water meter needs to be installed to meet the water requirements of the property. A backflow prevention assembly will need to be installed on the existing and any additional water meters. The existing 8-inch waterline fronting the property has a theoretical fire flow capacity of 1,565 gallons per minute(gpm)that does not meet the 2,000 gpm requirement for commercial land uses. The DWS recommends the applicant contact the Fire Department to determine the appropriate fire protection requirements. 20. Wastewater: According to the Department of Health, an existing cesspool on parcel 20 services the gas station, market and auto shop. The applicant may need to install a new -4- septic system to replace the existing cesspool to service the expanded commercial uses. 21. Solid Waste: There are no municipal waste collection services in the County. All solid waste generated by the development will require private disposal at the Pahoa transfer station or the Hilo landfill. 22. Utilities and Services: Electric and telephone services are available to the property. Police and fire services are available nearby in Pahoa and medical services are available in Pahoa and Hilo. AGENCY COMMENTS 23. Department of Public Works- Engineering Division: P.D. Exhibit 3—July 29, 2016 memo 24. Department of Water Supply: P.D. Exhibit 4—July 19,2016 memo 25. Fire Department: P.D. Exhibit 5—July 19,2016 memo 26. DLNR-Engineering and Land Divisions: P.D. Exhibit 6-July 27, 2016 letter AGENCIES - NO COMMENTS OR OBJECTIONS 27. Police Depaitiuent, State Department of Health, Department of Environmental Management. AGENCIES—NO RESPONSE 28. Department of Public Works-Building Division, Real Property Tax Office,Pahoa Mainstreet Association. APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 29. P.D. Exhibit 7: Letter from Sidney Fuke dated August 3, 2016 responding to Department of Water Supply and Department of Public Works comments. PUBLIC COMMENTS 30. None as of the time of this writing. -5- § 25-5-120 HAWAI`I COUNTY CODE Division 12. CV,Village Commercial Districts. Section 25-5-120.Purpose and applicability. The CV(village commercial)district provides for a broad range or variety of commercial and light industrial uses that are necessary to serve the population in rural areas where the supplementary support of the general business uses and activities of a central commercial district is not readily available. (1996, Ord.No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-121.Designation of CV districts. Each CV(village commercial) district shall be designated by the symbol"CV"followed by a number which indicates the minimum land area, in number of thousands of square feet,required for each building site. (1996, Ord.No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-122.Permitted uses. (a) The following uses shall be permitted in the CV district: (1) Adult day care homes. (2) Amusement and recreation facilities,indoor. (3) Art galleries,museums. (4) Automobile sales and rentals. (5) Automobile service stations. (6) Bars. (7) Bed and breakfast establishments, as permitted under section 25-4-7. (8) Boarding facilities,rooming,or lodging houses,provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (9) Business services. (10) Cemeteries and mausoleums,as permitted under chapter 6,article 1 of this Code. (11) Churches,temples and synagogues. (12) Commercial parking lots and garages. (13) Community buildings, as permitted under section 25-4-11. (14) Convenience stores. (15) Crematoriums, funeral homes, funeral services,and mortuaries. (16) Crop production. (17) Day care centers. (18) Dwellings, double-family or duplex,provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (19) Dwellings,multiple-family,provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (20) Dwellings, single-family. (21) Family child care homes. (22) Farmers markets. When the vending activity in a farmers market involves more than just the sale of local fresh and/or raw produce,plant life, fish and local homegrown and homemade products for more than two days a week, the director, at the time of plan approval, shall restrict the hours of use,maintenance and operations and may require improvements as determined appropriate to ensure its compatibility with the existing character of the surrounding area. (23) Financial institutions. (24) Group living facilities. (25) Home occupations, as permitted under section 25-4-13. Planning Dept. Exhibit i § 25-5-122 HAWAI`I COUNTY CODE (26) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and other similar uses. (27) Hotels,when the design and use conform to the character of the area,as approved by the director. (28) Laboratories, medical and research. (29) Lodges. (30) Manufacturing,processing and packaging light and general, except for concrete or asphalt products, where the products are distributed to retail establishments located in the immediate community, as approved by the director. (31) Medical clinics. (32) Meeting facilities. (33) Model homes, as permitted under section 25-4-8. (34) Neighborhood parks,playgrounds,tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (35) Offices. (36) Personal services. (37) Photography studios. (38) Public uses and structures, as permitted under section 25-4-11. (39) Publishing plants for newspapers,books and magazines,printing shops,cartographing,and duplicating processes such as blueprinting or photostating shops,which are designed to primarily serve the local area. (40) Repair establishments, major, when there are not more than five employees, as approved by the director. (41) Repair establishments, minor. (42) Restaurants. (43) Retail establishments. (44) Schools. (45) Telecommunication antennas, as permitted under section 25-4-12. (46) Temporary real estate offices, as permitted under section 25-4-8. (47) Theaters. (48) Utility substations, as permitted under section 25-4-11. (b) In addition to those uses permitted under subsection(a)above,the following uses may be permitted in the CV district,provided that a use permit is issued for each use: (1) Golf courses and related golf course uses,including golf driving ranges, golf maintenance buildings and golf club houses,provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the state land use agricultural district unless approved by the County before July 1, 2005. (2) Major outdoor amusement and recreation facilities. (3) Yacht harbors and boating facilities. (c) Residential uses in connection with the operation of any permitted uses shall be permitted in the CV district. (d) Buildings and uses similar to the permitted uses listed in subsection(a) above shall be permitted in the CV district,as approved by the director. (e) Buildings and uses normally considered accessory to the uses permitted in this section shall also be permitted in the CV district. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999; Am 2012, Ord. No. 12-28, sec. 14; Am. 2014, Ord. No. 14-86, sec. 12.) § 25-5-123 HAwA1`1 COUNTY CODE Section 25-5-123.Height limit. The height limit in the CV district shall be thirty feet. (1996, Ord.No. 96-160, sec.2;ratified April 6, 1999.) Section 25-5-124. Minimum building site area. The minimum building site area in the CV district shall be seven thousand five hundred square feet. (1996, Ord.No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-125.Minimum building site average width. Each building site in the CV district shall have a minimum building site average width of sixty feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-126.Minimum yards. The minimum yards in the CV district shall be as follows: (1) Front or rear yards,fifteen feet; and (2) Side yards,none, except where the adjoining building site is in an RS, RD, RM or RCX district. Where the side yard adjoins the side yard of a building site in an RS, RD, RM or RCX district, there shall be a side yard which conforms to the side yard requirements for dwelling use of the adjoining district. (1996, Ord.No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-127.Landscaping of yards. (a) All front yards in the CV district shall be landscaped, except for necessary access drives and walkways, and except for the construction of one single-family dwelling and accessory buildings per lot. (b) Where any required side or rear yard in the CV district adjoins a building site in an RS,RD,RM or RCX district,the side or rear yard shall be landscaped with a screening hedge not less than forty-two inches in height,within five feet of the property line, except for necessary drives and walkways,and except for the construction of one single-family dwelling and accessory buildings per lot. (1996, Ord.No. 96-160, sec. 2;ratified April 6, 1999;Am. 2005, Ord.No. 05-155, sec. 14.) Section 25-5-128. Other regulations. (a) Plan approval shall be required for all new structures and additions to existing structures in the CV district, except for construction of one single-family dwelling and any accessory buildings per lot. (b) Exceptions to the regulations for the CV district regarding heights,building site areas,building site average widths and yards,may be approved by the commission within a planned unit development. (1996, Ord.No. 96-160, sec. 2;ratified April 6, 1999; Am. 2005, Ord.No. 05-155, sec. 15; Am. 2015, Ord.No. 15-33, sec. 4.) ,115, r,►`.1 ,, n m 2 P9 APPLICATION FOR COUNTY REZONING (RS-10 TO CV-10) PAUL OGASAWARA Pahoa, Puna, Hawai i TMK: 1-5-002: 9fil and 1-5-114: 020 (por) 0)1 Prepared For: Paul Ogasawara Prepared By: Sidney M. Fuke, Planning Consultant May 2016 Planning Dept. Exhibit= CHANGE OF ZONE APPLICM ' ON? n fl `' r9 COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Paul Ogasawara APPLICANT'S SIGNATURE: ,. .441 � ��-,- DA l'h:5/25/16 ADDRESS: P.O. Box 384 Pahoa, HI 96778-0384 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.) (808) 965-8920 (Fax) LANDOWNER(S): Paul Ogasawara and Nui Ogasawara LANDOWNER SIGNATURE(S): U �j,< o-L-- / /l,�f I ATE:5/25/l6 / (May be by lett; LANDOWNER(S)ADDRESS: P.O. Box 384 Pahoa, HI 96 :-0384 REQUEST: RS-10 TO CV-10 (Existing zoning) (Proposed Zoning) TAX MAP KEY: 1-5-002: 027 and 1-5-114: 020 portion STREET ADDRESS OF PROPERTY: 15-2992 Pahoa Village Road SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 8,087 square feet+21,,750 = 29,837 sf AGENT: Sidney M. Fuke, Planning Consultant ADDRESS: 100 Pauahi Street, Suite 212 Hilo. HI 96720 TELEPHONE:(Bus.) 969-1522 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Paul Ogasawara ATTACHMENT Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1 . if your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? No If yes, please answer the rest of question I and then to question 3. a. How many acres of the requested area do you intend to subdivide? b. Into what lot sizes? c. if your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you nave no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? Nos b. Sell or lease the land to someone who has tentative plans? No c. Sell or lease the land to someone who has no plans? No d- Keep it? Yes e. other (please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. The applicant intends to expand his auto repair business and provide more parking 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. Please refer to planning and environmental report. 4. Have you performed any study which would demonstrate a need for your proposed building and/or development? No if so, please elaborate on your findings in the space provided below. -2- • 5. Have you performed any study which discusses the environmental impacts your request would nave on the surrounding area and/or the County? Yes If so, please elaborate on your findings in the space provided below. Please refer to accompanying planning and environmental report E. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 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? Nos If so, what kind? The frontage may have to be improved to accommodate a commercial driveway. Is the road adequate for the proposed traffic volume or load? Yes 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? yes NO a. Schools x b. Roads c . Sewer x d. Drainage x e. Police Protection x f. Fire Protection x g. Recreational Facilidies h. Recreational Facilities i. -4- For those checked "yes, " please elaborate what type or kinds of improvements and/or assistance are needed. The driveway access may need to be improved by the applicant. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study,together with this change of zone supplement. No,inasmuch as the site has been fully improved. Signature: �►,"' ` 1 VV��vYL� Address: P.O.Box 384 Pahoa,HI 96778 Telephone: 965-8920 Date: May25,2016 -5- 6338A/50A P. D. 5184 COUNTY ENVIRONMENTAL REPORT APPLICATION FOR COUNTY REZONING (RS-10 to CV-10) PAUL OGASAWARA PAHOA, PUNA, HAWAII TAX MAP KEY: (3) 1-5-002: 027 and 1-5-114: 020 (por) I. INTRODUCTION Paul Ogasawara ("applicant") wishes to rezone a 29,837 square foot area ("subject area) consisting of a 8,087 square foot parcel, identified by TMK: 1-5-002: 027, and a contiguous 21,750 square foot portion of a 42,418 square foot parcel, identified by TMK: 1-5-014: 020. The request is to rezone the subject area from the Single Family Residential (RS-10) to the Village Commercial (CV-10) district. The purpose of this request is to confirm existing gas and service station related uses on the 21,750 square foot area, while expanding said uses into the adjoining and contiguous 8,087 square foot parcel. II. PROJECT LOCATION The applicant has a gas station/auto repair/market complex ("commercial complex") situated near the east end of Pahoa Village Road. The subject area, consisting of 29,837 square feet, is located within and adjacent to the site of commercial complex. At least 21,750 square feet of the 42,418 square foot parcel (TMK: 1-5-114: 020) is situated generally east or Kalapana-side and south or Ka'u side of the commercial complex. The 8,087 square foot parcel is situated to the rear or Ka'u side of the commercial complex. (Figures 1 and 2). In this general area, a Catholic Church and the Pahoa High School and Elementary School complex are situated less than 1,000 feet east or Kalapana-side of the subject site. III. PROJECT DESCRIPTION A. Project Concept The applicant, a lifelong resident of Pahoa, has owned and operated the commercial complex on approximately a 20,000+1- square foot portion of the 42,418 square foot parcel, identified by TMK: 1-5-114: 020. Within the complex, there is a gas station and auto repair shop called Paul's Repair Service and a convenience store called N&P Mart. The applicant subsequently acquired a 21,750 square foot portion of an adjoining parcel, zoned RS-10, and had said area consolidated with 1 r : t' .-.c.e ,,,,_- Gardens ' cj 6aha- aod v K3vo�yaa2gaa de4 �odCs u e 2. L ,��, sadrT � J� lbuDr iaii o- a .4 4- smKa 013-0- l M. alarm Farmd 3 � 6.�' • -` -9 N Lois � a � rQ - � 6-4UIdr �l� ..---- ,.ac d aa`.d � Aiaoa �� �.• e o (gavaiiAloha) dy ,d 7 �L�e Ylakuu 4agiauliare t! •O Lots Unit' i� '�` / • ° T1i A a� d �a r e1,,r �j • �s,,r.: d�� y'Pahoa Air Strip Pah•, _ ad 'r ;,�,1 a Ag. `- r - Od A� ParkOL 'y Lots �,ab c` Oa kd it reD ¢V rd} • %onepoko Hmstds W: 0 E t.• � o .- .• d Stir • i ' • t ,a • np� & 1, q..,,,,..-!,-,• ` - ooti obis gay' aa� St a�. d yp New `, Kanialttla • or' o, a'� .oc,„‹, Pahoc fa „qs°,Douse-dots �•\�cd '- �o rs , . Oy ,i...9.°Ty�c4 alejpP ' t God'°' w , i- stet 4�oALG III a 4�3,0woo 4 o G~,Ex •Ak ©©?. . a,p.s•d,.(- eek y�o' 'o uh ab°a a•o $a Pahoa„ ,,pp , dam,P� PARO.A. Thigh&�L� f -'' VILLA OE Intek, � ati�O�g� ' SU `�r T SI, r4oa°a Acre• smq� • MY• Northl�oad' '9 water • u � tank ®: o P ff h I /. •--=• -. _... ' • PARO-E�. �. i 1.\.` .Pahoa ' ' '> 'd Farm J�-' g t"\ : s�4 -,ems • f24 Lots ent Kaohe Pd ea.---. East , ae \ .,`` w Homesteads __''••••••,_t • whoa m>�PR'' Leila.-Pc-`1 o{ aFarm 'N w �” Le4a # • �`� 7 Lois �,� p, Estate q, g, �0 West izit at Q 71 o k Mal:maunpay,, cd' , r'-• ri.i.14mm , 1 \ o w w w -_ unpaved X'amaili r'?avec, O�eb FarmsSbd • - gd tip, p la` i O v ��V° �.52 ` Volcano Jnn ' a,.3� IS o� *&Ranch • -• n'a' °stcamv�ts ,a 'y' . - ... ISlew C Crater d ° `4Point 1 Zauelea , ,pave i Farm FIGURE 1 7I /'- --' > I \1 6 \__,..,----- iii i g l• —' . , , • .( z., org = 0'0 ' ••, o ..-:•;-, . ,, 0 I _ 6 , .'. ' C., ztl , N— r :?.. 9 I 't •t ... F° r..,., • ..\ .t ;22 \ ® A 1 • \ .., Ek: ...,..'; . •ter i • a , - • g . 7, 1 4 r -a ; ,• ' '''..-- ''' o , o ..., 1 h• ( I -.7--777. • ,,, ; ? t.\ :. •a, 4 / a •• ,„,._, ...1 , I 4t. _ -_, L 0 •a. 4 k q >: .1 , ... ,,,. . ,. 4 i'k a I; , : .'t; a • .t, 1 .: •••• *. 4; t ,1‘1; Is• • t S. I1,1 1.. . ) I -• ....., t I, •1 , ____ .i . ---------,_-__.—i •Qs I A. ; •'`i •.- f A. --...,>. tal • ',Is -a r. .., . '•'.. 1 _„, 4 4 I 3 f I hit' C I% t; •e t il 0/ 1 / G. g 1 e ..... ,.: t;, .....,.. .4 •-: / , • ;0", ®.I a, . • •P . v '1' : e 1 ‘ii f r'6 • ft:, e t:„.. , . %..•-• ti•cr . ..P t.• s --r,” 911 / tY al / e. / .,•/ • : / 7 ,•-• • . .t., xv i F . ,,-- C.,, 1 . z 11 g . . • i• •• ,t. . ot_sw T 7- •,- ._ \ !, ,9 . . • -- 9. \ II -...• i ,, oC ;7 t.• • if ;4 . , f 1- tl, (..) 21 • • z, \ t.....\\ ,°'..- • ., \ % . _ , . SUBJECT SITE t3 1.- ‘'-'..:-... •-' -; a ' \' `1‘. . A• N., .... .1 i Z1 ._,.. i '"----,,_ -,..3.. . . • .„,.....,,,..,....:`,—urra• .„,,,,,,,,oy.,.., ' .- ----:;'d- :-g!rta ti F.: 7:•-• -.Z . . 0 -.an. O. • 8 :g \s`Zfi \WZst j 0 , g} . / g _ � Poiol \ S \ I I i \ i L_i_____, I I \ Pofi v ; \sir 1,18g \ 8 r \ 1.'6 J Y1.1l t. '4 E 8gg 11!1 i S' .2, '..7 �mg '\ r 1 S� -42 4. oSp .. .` FIGURE 3 .05, his basic parcel. Over time, at least 10,000 square feet of the newly acquired area was used for activities associated with the commercial complex, primarily as a driveway and parking. Through this rezoning, the applicant would like to: a. Confirm the existing gas station and auto repair related activities (portions of a driveway and parking) on TMK: 1-5-114: 020; b. Eliminate the split or dual zonings of the TMK: 1-5-114: 020 by having the entire newly acquired area of 21,750 square feet zoned CV-10; and c. Increase the auto repair area by expanding an existing open structure into the subject area. The expansion would consist of about 2,400 square feet. As proposed, the expanded structure would straddle the property line. To obviate any setback issues, the applicant intends to consolidate the parcels within the subject area. (Figure 3) Based on 2,400 square feet, the required parking for this expansion is eight(8) stalls. This can be accommodated within the existing parking area situated along the eastern section of the larger parcel and/or within a portion of the subject area. B. Project Timetable and Cost The applicant hopes to begin construction of the expansion as soon as all appropriate permits have been secured. This is hopefully anticipated to be early 2017. Completion should be within two (2) months of securing all necessary construction permits. The cost of this improvement is estimated at $250,000. IV. ENVIRONMENTAL CONSIDERATIONS A. General Description The subject 29,837 square foot area includes a 21,750 square foot portion of a 42,418 square foot parcel (TMK: 1-5-114: 020) and a contiguous parcel identified by TMK: 1-5-002: 027, consisting of 8,087 square feet. The property identified by TMK: 1-5-114: 020 is the site of the original commercial complex. It is oddly configured due to a three (3) lot parcel (TMK: 1-5-114: 020, 021, 022) consolidation/resubdivision ("PCR") 2 action that resulted in the creation of two (2) lots. Prior to the PCR action, parcel 020 consisted of 20,668 square feet. It was then consolidated with a 21,750 square foot portion of the adjoining parcel, then identified as parcel 021 and zoned RS-10. That action resulted in parcel 020 having dual zonings— RS-10 and CV-10. The remaining portion of former parcel 021 was consolidated with parcel 022. (Figure 4) The other parcel, identified by TMK: 1-5-002: 027, is a triangular shaped parcel. It is situated to the rear of the commercial complex. The subject area is fairly level with no significant undulations, except there is a slight (less than 5%) slope towards the rear of parcel 027. The front portion of the subject area—which is located east or Kalapana-side of the complex— has been fully improved with pavement. It is currently used for access and parking associated with the gas station and auto repair activities. The rear portion of the subject area has been cleared and graveled with red cinders. It.is used somewhat for vehicular parking for the complex's employees. If and when consolidated with the basic commercial complex, the subject area would ;ssentially be considered now fronting the Old Pahoa Village Road, just northwest of the Pahoa High School complex. B. Climate, Soil and Topography At approximately the 800-foot elevation level, the site is located about 6 miles from the ocean. The average annual rainfall is 140 inches. The average annual temperature ranges between 72 to 80 degrees Fahrenheit, with occasional higher and lower ranges during certain periods such as summer or winter months. The prevailing wind patterns in the area are often light and variable, dominated by trade winds (easterly) during the day and westerly or mountain winds during the evenings. The Land Study Bureau Overall Master Productivity Rating of this area is D (D181) or poor. This designation suggests that the site has very poor potential for agricultural productivity. Further, this type of soil is characterized by shallow, moderately fine soil that is very poorly suited for machine tillability. The parent material is volcanic ash and it is well drained but moist. The project site is unclassified under the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system. This 3 r- — ----- " . . . . NX-14.:Pcrt.°e4•0 'i°,:: s•Vi I R.?..-xx, , •L1 ,, ••... _(,.% • co N ,„ . • k k Iv. 1-•-• ___---opt• PUNA FIQI:ID —____._____ _._ ..----00D-- ---' -----=t ...---- ---1----J.—J.:- 2aa2 c s ...-.- __,...4,....---_,-,-.==.- ==. -_, ---..-•.==--,.,4. -- ,r04 .-----ifill ..,---'' , 7z.46.-r-.--..g- -,;• .. ---fee --------- :"a tu 4...,'":„....„-:----„,r,8, Rc ....‘_, ,, „ ....„--- ,„----' _ , „_‘,... -1 - t .091.19 s iS-A:":44"-”- -----e,24-tr...!'t /J-8 .,....-• ,„,.;.}40-"r....,-"°- 1 C.-r--;";fre6 , i , ,d1,/, , ,,i::::). 'PAROA,' 4 i IVO RAR-17.14:—--' . r ,,, .... :-.8 • Gfr5 AO' - \ 1 N'\i / ...--...e1' • / '4?`,.'"' • f'•i:5,0q. 4 I/'.''- 1.1 I:;001 I;01 I I I I ii. C-5 ./...z.thY ;50-/19 Ail,""••••- Ac° .()1( '• GO, •.1' 0 . / / L 0 pl'IL:F'Ir 8 -r -Fa. 119,Z -14E 6.,/ i,..,% \ 1: tt 1:0 (,-,,c4-5;DxI A, 1 - , !SWF L'• i \\ ta .A < ]LT10-B - 1 ACRES PAUL 4 00) OCASMRA , 0Pi..(5 t: 1 .1,..* 471 I . C4.44CE •il ..• x IN.,37/r/41 (0#7,0?) -- t ! i h 11 '58 oft'unvc .....-- V'• .4 1 ,,, R4/70 • 1 r elarc 1 „or: ' \ :: tn L 0 'T 1 9-A 1 Oas.s..por Lr t sr \ \ r.• 1 LOT 1 0 - 4'k A 'co i.(NI h .4 " ";fc \CRcv'ER77 C \`'.4 1 Dat-TaNIENT CORR:WA/70N \ Itif I (9ffNER)\ \ ! r .c..,...\ f\ PORTION I -OF R. P. 8095, r \ I, L. C. AW. 11, 16 :,-1, AP. 4P, I4PART TO KEKAU 140HI id / hot mcvse ' II OV ,:11ti il ii \ I 1 if , • \---r _;1 \ ti I .f/V'FAICt &xacwrpti_ _tt14527 J ea-.4aawro /X.?'..h.4-_51,7\ 1 6.429 1#7:37. — 21567 M8( HOOSAVG AUIWOR/IY ,...4, 1A-IC4 . -*-,..... orNs,v "Y UCENSED ---,„i CONSOLI RATION / RESUB DIVISION o PROFESSIONAL OF LOTS 8, 9-A AND 10-A LAND BEING PORTIONS OF R. P. 8095, * SURVEYOR * L. C. AW. 11,216, AP. 40, PART 2 TO KEKAUONOHI , ., No. 2671 . INTO LOT "8-A" AND LOT "10-B" -.7*- 41/ -0.$• WAIAKAHIULA, PUNA, ISLAND OF HAWAII, HAWAII TAX MAP KEY: 3rd Div. 1-5-114: 20, 21 & 22 PREPARED BY: THIS WORK WAS PREPARED BY HILO ENGINEERING, INC. ME OR UNDER MY SUPERVISION .4PP1/0,4A/T RV/I S S4WAR4 71?1/.57 484 KALANIKOA ST., HILO HA Irmi 96720 or.,4EEC RE ...TM ItiO,V1.,.........„...1) R a BOX.Y84 VISED MARCH 22. 2004 84604 1-1.0041/ 98778 JUNE 16, 19.98 JCA9 co-1-5-549-121 7 17. r.f./...•....lb,. /I classification does not recognize this site as being agriculturally important. C. Natural Hazards 1. Drainage The Federal Flood Insurance Rate Map (FIRM) identifies the subject site to be within Zone X (areas outside of 500-year flood). There are no existing drainage ways on the site. 2. Tsunami Hazard Given its elevation (800+/-feet) and distance from the nearest shoreline (6+/- miles), it is located outside of the Civil Defense's Tsunami Evacuation Zone. Thus, there should be little or no threat from high waves. 3. Volcanic and Earthquake.Hazards According to the United States Geological Survey maps, the project site is located within Lava Flow Hazard Zone 2, on a scale of ascending risks 9 to 1. The entire City of Hilo falls in the Zone 3 category. Notwithstanding this category, it should be noted that there was a lava flow in this general area that stopped short of Pahoa Village in 2015. Please note that there is very little that can be done to protect structures and improvements on the site from lava flows. Like all residents and commercial operators, the reliance would be on the evacuation system provided by the County. The Building Code designates the entire island of Hawaii Earthquake Zone 4 and contains certain structural requirements to address the relative seismic hazard. These will be complied with in conjunction with the construction of any new structure on the site. D. Fauna Resources Although there was no professional survey conducted of the faunal resources of the site, the applicant does not believe that rare or endangered faunal resources are likely to be found within or proximate to the subject site. This is due to the already developed state of the subject area and its immediate surrounding area. Nonetheless, due to the semi-developed state of this area, the faunal resources should be somewhat typical of other developed areas. One 4 may thus find bird species such as the Spotted Dove, Japanese White- eye, House Finch, Common Myna, and the like. Domestic animals such as cats and dogs, and other animals like rats and mongoose are also common. None of these are endangered animals. As such, it is unlikely that the development of this property would cause any adverse faunal impacts. E. Flora Resources Similarly, no commissioned botanical survey was done of the subject site, as it has been cleared for the most part. The residual vegetation of the subject area consists of some banana trees, ti-leaf plants, and other non-native landscaping. All of these are alien or introduced plants which can also be found in similar areas in the Pahoa area. None of these were considered threatened or endangered by the US Fish and Wildlife Service. Thus, it can be reasonably argued that development of this area is not expected to have a significant negative impact on the botanical • resources. F. Archaeological Resources The site was and continues to be used as a commercial or commercially-related use. Accordingly, an archaeological inventory survey of the subject site was not performed. A letter requesting a determination of"no historic properties affected" from the Department of Land and Natural Resources will be submitted together with this application. Notwithstanding the above, during the course of improving the site, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicant will immediately notify the Planning Department. G. Valued Cultural Resources The recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina"decisions require decision-makers to consider a project's impact to native Hawaiian gathering and fishing rights. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated traditional and customary practices of this site and the impact of this project to these resources and practices. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, fishing and coastal access is not an issue. 5 Furthermore, as noted in the floral and faunal analysis, there are no known rare or endangered plants or animal life. The applicant has not observed any native Hawaiians gathering plants within or proximate to the subject site. As such, it would appear very unlikely that the site would serve such purpose today and/or in the recent past. Nonetheless, if legitimate claims are made, the applicant will make the appropriate access accommodations. Furthermore, in the event inadvertent discoveries are made while improving the site, appropriate protocols will be taken. These include stopping work and making contacts and determining appropriate courses of action with the State Historic Preservation Division. Based on the above, it does not appear that the project would have any potential adverse impacts relating to native Hawaiian cultural and historical resources and/or practices. H. Water and Coastal Resources The subject site is located about 6 miles from the coastline. As such, coastal impacts resulting from discharge of drainage systems from the site should not be significant. Being a non-coastal property, no coastal access will be affected. Any expanded use of the property will comply with the requirements of the State Department of Health relative to wastewater systems. It should be noted that the contemplated improvements does not include additional restrooms. In any event, if additional wastewater improvements are needed, this could be done via the installation of an additional or an expansion of the existing septic system. Thus, there should be further protection of the groundwater or near shore water impacts resulting from this project. I. Noise, Air Quality, and Dust Generally, air quality is affected by regional and local climates as well as the amount and type of human activity in a given location. No large, stationary sources of air pollutants and no major industries are located within the project area. Air quality in the vicinity is most affected by emissions from natural and vehicular sources. Existing ambient noise in this area includes wind, foliage and traffic along the existing streets, particularly the Old Pahoa Village Road. Although the project may slightly increase traffic in the area, it is not 6 expected to generate significant levels of air pollutants as only discernible air quality would be associated with traffic to and from the site. The proposed development should not generate any direct air impacts. As the project itself is not expected to generate adverse air pollutants, the only air quality impact would be associated with vehicular traffic to and from the site. While the added traffic will have an impact to the ambient air quality, the impact should not be significant. This is due in part to the higher EPA standards for vehicular air emissions and the prevailing trade winds. Relative to new construction, there may be short-term noise impacts during the construction phase. To mitigate this impact, all construction activity will be limited to daylight hours and weekdays. Contractors will be required to comply with established State Department of Health guidelines and standards relating to noise and emission controls. Given the existing ambient noise and existing urban environment, the proposed request would not have a significant noise impact to surrounding properties. J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as scenic resources. The subject site is not listed as a scenic site. From the Old Pahoa Village Road, the subject site would not impede the views of Mauna Kea, Mauna Loa or any of the identified scenic resources. Notwithstanding those circumstances, the height of the new structure would be no taller than 25 feet, which would be less than the maximum allowed within the existing single-family residential zone. V. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The surrounding land uses in this area are a mixture of residential and rural-residential sized lots and commercial uses. There are commercial uses and zoned properties to the north towards the core of Pahoa Village. Less than a thousand feet from the subject site, there are some residential uses to the southeast, as well as a Catholic Church and the Pahoa School complex. Hence, the requested use would be compatible with the evolving land use pattern in this area. There is no active agricultural activity on the property or even on the adjoining properties. Given the existing and zoned conditions, the proposed CV-10 zoning would not be incongruous with the existing mixture of commercial/residential pattern of this area. B. Economic Impacts The requested zoning would have some measure of direct economic impact. From a short-term standpoint, there would be the construction impact; from a long-term impact, it would provide much needed supportive commercial office uses to the region. In so doing, it would provide opportunity for complementary uses, uses that could strengthen an area's overall economic stability. C. Agricultural Impacts As noted earlier, the site and surrounding area have not been intensively used for agriculture in the recent past. Given its soil classification of"E", intensive agricultural activity may be absent here. This type of soil condition is common in this area and the development should not result in the removal of significant agricultural properties. VI. INFRASTRUCTURE CONSIDERATIONS A. Road Access to the project site is from the County-owned and maintained Old Pahoa Village Road. This road has a right-of-way of 50+/-feet with a pavement width of 20+/- feet and grassed shoulders. There is no sidewalk in this area. A Traffic Impact Analysis Report ("TIAR") was not prepared, as the applicant does not anticipate traffic generation that would exceed fifty (50) AM or PM peak hour movements. The request is to confirm existing uses — primarily access and parking —as well as the expansion of an existing canopy to facilitate the existing auto repair activities. With these improvements, additional traffic should be no more than five (5) AM/PM peak hour movements. Accordingly, the traffic impact should not be more significant than what currently exists. B. Water There is an existing County water line fronting the property along the Old Pahoa Village Road. If an additional or larger meter is needed, the 8 • applicant will install one. However, as noted earlier, the applicant does not anticipate a demand for additional water service, as there will be no restroom or extensive water generated activities. Further, should a water use calculation study be required to confirm this, it can be done prior to the issuance of a building permit and additional improvements, if necessary, can be made then. C. Wastewater There is an existing septic system that was required as part of the market operations. Should an upgrade or expansion be required, it can and will be done in conjunction with the issuance of the proposed canopy expansion. The system will meet with the requirements of the State Department. D. Solid Waste Any construction-related waste will be handled by commercial haulers who will dispose of the refuse at the county approved landfill, which at this time is located in Hilo. Relative to operational activities, typically, the waste generation of a project of this nature (storage/repair shop) should be comparable to a few residences. As may be necessary, the waste will be segregated and disposed off in manner consistent with State Department of Health requirements. Although the applicant does not believe one is needed, if required, a Solid Waste Management Plan can be prepared to help address ways to accommodate and reduce the project's construction and operational waste. E. Other Government Services As this area is already part of the Pahoa Village, it is already being serviced. No extension of government services would be required. The nearest fire station is located in Pahoa Village, less than a mile from the subject site., Similarly, the Police Station is located in the Village. Public school (K-12) is available at the Pahoa High School complex also approximately 600 feet from the subject site. There is a County park also less than 1,000 feet away in Pahoa Village. As such, the project should not result in the extension of any government services. Further, the required public facilities are located reasonably proximate to the subject site. 9 • F. Other Utilities All other utilities such as telephone, cable, and electrical services are available to the site. VII. INSTITUTIONAL AND REGULATORY CONSIDERATIONS A. State Land Use The subject property is designated Urban. As such, a State Land Use boundary amendment to cover the requested CV-10 zone would not be required. B. Hawaii State Plan Chapter 226, Hawaii Revised Statutes, outlines the long-range goals and policies of the Hawaii State Plan. Said Plan is intended to serve as a guide for the growth and future long-range development of the State. Pursuant to said requirement, a discussion of the pertinent policies and goals and the project's relationship follows: Goals • A strong, viable economy characterized by stability, diversity, and growth that enables the fulfillment of the needs and expectations of Hawaii's present and future generations • A desired physical environment characterized by beauty, cleanliness, quiet, stable and natural systems, and uniqueness that enhances the mental and physical well-being of the people • Physical, social and economic well-being for individuals and families that nourishes a sense of community responsibility and caring of participation in family life. Discussion The proposed confirmation of existing uses and expansion of the auto repair canopy would achieve these goals. It would provide both direct and indirect employment opportunities for current and future residents of the island; contribute to the island's overall tax base and hence, increase both State and County revenues; and complement and support other economic uses — particularly the surrounding and evolving mixture of uses - and, in turn, contribute to the stability, diversity, and growth of local and regional economies. 10 This employment opportunity would come without adversely affecting the environment. There is no known wildlife or plant life listed as either endangered or threatened on the subject site. Then, too, there are no known archaeological or cultural features on the site. If there are inadvertent finds, appropriate mitigative protocols will be taken. Impacts to the surrounding areas would also not be significantly adverse. All required infrastructures are or will be in place by the applicant prior to occupancy of any portion of the project. These include expanding or constructing a new private wastewater system and possibly any upgraded water systems. Furthermore, the provision and/or retention of natural landscaped buffers around the perimeter of and selected portions within the project site would also help mitigate any adverse visual and noise impacts to neighboring residential or commercial properties. C. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the subject site and surrounding area Medium . Density. Based on this designation, the General Plan allows consideration for "Village and neighborhood commercial and residential and related functions (3-story commercial; residential- up to 35 units per acre." The requested County zoning and planned uses would be consistent with the uses envisioned within the Medium Density area. As such, no General Plan amendment would be required to effectuate this project. The request would also be consistent with the General Plan goals, policies and objective. Specifically, the more pertinent ones follow: Economic Element Goals • Provide residents with opportunities to improve their quality of life. • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. 11 • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Policies • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. • The County shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. • The County shall encourage the development of a visitor industry which is consistent with the social, physical, and economic goals of the residents of the County. Land Use Element (Commercial) Goals • Provide for commercial developments that maximize convenience to its users. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Policies • Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. • Distribution of commercial areas shall be such as to best 12 • meet the demands of neighborhood, community and regional needs. • The development of commercial facilities should be designed to fit into the locale with minimum intrusion while providing the desired services. Appropriate infrastructure and design controls shall be incorporated into the review of such developments Standards • Commercial developments shall be located in areas adequately served by transportation, utilities, and amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. • Off-street parking and loading facilities shall be provided. • Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. • Preference shall be given to commercial lands with a reasonably level topography. Discussion As the residential areas of Puna continue to grow, there will be a need to accommodate the various communities' commercial retail, office, and quasi-industrial needs. Much of these needs are being provided outside of the Puna District. Having opportunities closer to the heart of the lower Puna district area should help reduce regional traffic congestion not only for workers but patrons who frequent these businesses. As part of the overall commercial complex, the subject area would help meet these needs, while fulfilling other policies and standards articulated in the General Plan. The site is already and will be serviced by adequate infrastructure. The County water line is already available. Fire protective services are less than % mile from the site. Wastewater system meeting with the standards of the State Department of Health has and/or will be improved by the applicant in conjunction with the development of the project. All other utilities are available to the site. As such, this development should not require additional public services to be provided. 13 • The subject area does not have any on-site developmental constraints. The land is relatively level, and there are no flood (Zone X) or other hazardous condition that would render the subject area a developmental problem and pose a burden to public agencies. Further, pollution concerns typically associated with heavy industry would be minimal, if at all relating to the existing and their expanded uses. As the land has been cleared, the prospects of the subject area serving as a habitat for rare or endangered plant or animal life appear remote. Most of the subject area is devoid of its original vegetation. Then, too, while there may be a potential for some endemic birds to visit this area, the development of the subject area would not remove a critical habitat. At the same time, there are alternative areas that would be more suitable for any habitats. Likewise, due to the developed physical nature of the subject area, it is very unlikely that there would be any archaeological features left on the site. In the event there are some inadvertent archaeological finds, work will stop and the State DLNR and County Planning Department will be consulted before further activities occur within the affected area. The use is also compatible with the surrounding area. For the most part, properties adjacent to the subject site are residential and commercial. If needed, additional landscaping can be provided to help mitigate potential visual impacts of the project. As such, while the location of the requested area is proximate to a few residences, appropriate mitigation measures, if needed, can be taken. Finally, all additional structures built on the site will comply with the standards outlined in the Zoning Code— such as parking, loading zone, setback, height, etc. D. Puna Community Development Plan (CDP) Section 15.1 of the County General Plan called for the development and eventual County Council adoption of CDPs. The General Plan states that the CDP "will translate the broad General Plan statements to specific actions as they apply to specific geographical areas." The General Plan also notes that should the CDP require a General Plan amendment, it could be considered concurrent with the adoption of the CDP. However, "If there is a direct conflict between the Community Development Plan and the General Plan, the General Plan shall be 14 controlling." (emphasis added) Pursuant to the above, the Puna CDP was develop€ d and adopted by the Hawaii County Council on August 27, 2008. It became effective on September 10, 2008 as Ordinance No. 08 116. The CDP identified a "Regional Town Center" for, amoog other areas, Pahoa town. The subject site is within the Regional Town Center area and generally proximate to designated and/or zoned for commercial uses. Thus, the requested zoning is generally consistent with this land use emphasis. In addition to the map, the CDP established three (3) major themes: • Malama I Ka'Aina which "establishes how the contextual natural, historic and cultural features of Puna should be preserved." (emphasis added) • Growth Management which "addresses how the future pattern of human settlement and land use should be shaped to respect that context and support the desired quality of life for Puna's residents." (emphasis added) • Transportation which "focuses on sustainable approaches to transportation to support the goals of the two above themes." Relative to the Malama I Ka'Aina theme, four (4) major elements were identified and assigned goals, objectives, and actions. These elements and their relationship to the proposed action follow: 1. Historic, Cultural, and Scenic Resources The subject area has been entirely cleared of all vegetation and portions of it are already being used for parking and driveway access. As such, it would appear that archaeological resources of this site are probably non-existent. Nonetheless, should there be inadvertent discoveries during the construction of this project, work will stop and contacts with the County Planning Department and State Historic Preservation Division will be made. 2. Native Forests and Geological Features Given the location of the subject area and the geological condition of the site, the goals and objectives of this element would not be 15 applicable to the proposed project. The subject area is not part of any established native forest area, neither does it have any significant or unique geological features. 3. Aquifers, Coastal Waters and Stormy eaters The subject area is not proximate to potable wells in this area. Notwithstanding that factor, any development of the subject area will utilize, if needed, a wastewater system that would comply with the State Department of Health's standa-ds to assure adequate protection of any potential groundwater ir, this area. All storm water generated by the project would be retained on site through a system of drywells, if any are needed. In that event, these drywells will require the approval of the State Department of Health and through the NPDES permitting system, the objective of not only storm water containment but protection of groundwater will be fulfilled. Given the above, combined with the fact that the property is over six (6) miles from the ocean, the goals and objectives of this element would be fulfilled. 4. Shoreline Area As the site is not a shoreline or coastal property, this element is not applicable. The other theme is Managing Growth. For this, six (6) elements were identified. These elements and their relationship to the project follow. 1. Land Use Pattern The Implementation Section (Chapter 5) of the CDP identifies, among others, Regional Town Centers within which commercial areas are further identified. The subject area is adjacent to commercial areas. Actually, it can be considered generally "sandwiched" between commercially zoned properties and/or uses. Further, Section 5.2.1 of the CDP focuses on the land use entitlement process as it relates to regional town centers and community village centers states that "Future zone changes and State land use boundary amendments for the regional town centers and community village centers at Kea'au, Pahoa, and Hawaiian Paradise Park shall be consistent with the LUPAG map designations of the General Plan." (Emphasis added). In this I6 • situation, the subject site falls within the ME : ium Density designation of the General Plan LUPA(3 ma 1). Thus, in considering land use applications, the CDP does not mandate consideration of only those sites that fall exactly within designated regional, community, or neighbor -rood centers. The designated areas are to be used as guides, ` Kis enabling land use applications to be considered in a much bro'Ader policy context. Given the above, this request is being evaluated against the articulated goals and objectives of the Mane ging Growth theme. The request would be consistent with the fol'owing Goals of the CDP: • Improves the quality of life and e):pands economic opportunity for Puna's residents. • Reduces the exposure to high risk 1'c om natural hazard situations. • Makes services and community facilities more accessible in village/town centers. • Reduces overall number of buildable lots in Puna. In that regard, the proposed project is intended to be supportive of the needs of the community. Having the project situated in this area provides the ability to concentrate commercial retail and office uses in a general location. Hence, the project's location would not necessarily foster urban commercial sprawl. Additionally, the project would indirectly provide economic opportunity for Puna's residents. This project could eventually and indirectly yield much needed employment in this area. The subject area is a convenient location not only for prospective employees but the community in general. 2. Agriculture and Economic Development The CDP identifies the following: Goals • Increase opportunities for diversified agriculture • Preserve lands for agricultural use • Increase local market share of Puna agricultural products 17 Objectives • Discourage urban growth and further subdivision on lands that have been identified as having agricultural value The subject site is zoned residential and not agriculture. There is also no evidence that the site, aside from domestic purposes, has been used intensively for agricultural purposes in the recent past. It has been used as a parking area or vacant. As such, the proposed project should not have an adverse impact on the agriculture industry. It could actually be indirectly supportive of it through the provision of services to that industry. 3. Social Services and Housing As this is not a housing project, this section is not really applicable. Indirectly, however, by providing employment opportunities in an area that is proximate to lower Puna, the project would reduce commuting time and expenses. In that regard, it could afford employees and employers to devote more time to their families and the community. 4. Public Safety and Sanitation Services The subject site is located in an area where basic infrastructure is available or will, if needed, be made by the applicant. These include a private wastewater system and any additional water system improvement. 5. Parks and Recreation This section is not really applicable, as the project would have no direct impacts on parks. Nonetheless, there are existing park facilities in the villages of Kea'au and Pahoa. Then, too, the site is not listed for any future trails or park related uses. 6. Energy Sustainability The applicant may utilize solar and photovoltaic system to help with some of its power needs. Other means to reduce dependency on the conventional fuel source is being explored. The third theme is Transportation. This theme identifies, as it pertains to the subject request, the following goals and objectives: 18 Goals • Reduce percentage of residents \rio commute to employed outside of Puna Objectives • Provide more services and employment witu n Puna's village and town centers • Create new employment opportunities in Pi na in order to reduce long commuting It also identifies five (5) elements. The project's relationship to these elements follows. 1. Traffic Demand Management The intended use will not generate much (if any) employee traffic, as the intended uses are designed to accommodate the existing gas station and auto repair activities. Nevertheless, if there are more intensive commercial uses of the property, its location would help reduce the flow of both workers as well as residents requiring certain services from traveling outside of the district. In that regard, it would definitely fulfill two of the major objectives of this theme. 2. Mass Transit This element is not really applicable. However, in the event bus stops are needed in this area, the applicant would be willing to consider an area within the subject area for this purpose. 3. Roadway Network Likewise, the objectives and policies of this element are not directly pertinent to the project. However, it should be noted that the project will not have a direct access to the heavily traveled Pahoa By-Pass Road. 4. Highways Access to the project will be from the Old Pahoa Village Road. Given its location, it should not directly affect the Pahoa By-Pass road. 19 5. Non-Motorized Travel and Scenic Byways The subject site is not part of any proposed non-motorized travel area, such as a bikeway. There are also no known trails within the subject site. Accordingly, the project would not be incongruous with this element. The CDP also has a table (Table 5-1) that outlines general use and design criteria. Relative to the Regional Town Center and the subject request: a. The service area population is geared for 20,000 to 50,000 residents. The applicant's project is intended to supplement and complement the growing retail and quasi-industrial uses in the area. Accordingly, it should provide a regional service, as do the existing and evolving retail uses in this area. b. The subject area is nearly 30,000 square feet, which is less than 30+ acres. However, as the subject area is contiguous to commercially zoned areas, it would help strengthen this regional commercial concept. c. The new structure will be a canopy type of building that would be attached to an existing canopy. Thus, it is questionable that whether the design guidelines of the CDP would be applicable. d. Access from the Old Pahoa Village Road will be needed, as that is the only access to the site. Driveway connection improvements, if necessary, meeting with the County's standards will be adhered to. In summary, the requested CV zone is consistent with the Regional Town Center concept. Further, it is also consistent with the themes and corresponding policies and objectives of the CDP. E. County Zoning The County zoning of the requested area is Single-family Residential (RS-10). If the Village Commercial (CV-10) request were approved, at the appropriate time, all related land use and development codes such as building permit and the like would be complied with by the applicant. F. Special Management Area The subject site is not situated within the County Special Management Area (SMA). However, as the entire island falls within the SMA, a general discussion of this project's relationship with the SMA objectives follows. 20 1. Recreational Resources The proposed improvements should not have any adverse impact to the recreational resources of the area. The property is not a coastal property, and there are considerable intervening properties between the project site and the ocean. There is also no known access to the shoreline from this site. 2. Historical and Cultural Resources As the area of the proposed improvements has been largely cleared and used as a parking area and/or vacant, the prospects of finding any archaeological features on the subject site are fairly remote. However, should there be any inadvertent finds during the further development of this project, work will immediately cease until clearance from the County and/or SHPD is secured. Relative to cultural resources, the site of the requested area has been cleared. The applicant also notes that there have been no reported observation of any native Hawaiians gathering plants within or proximate to the subject site. As such, it would appear very unlikely that the site would serve such purpose today and/or in the recent past. In sum, given the disturbed nature of the area of the proposed activity, it can be reasonably concluded that this project would have no significant adverse impact relating to native Hawaiian cultural and historical resources and/or practices that cannot be otherwise mitigated. . 3. Scenic and Open Space Resources As noted earlier, the coastal view plane is not visible from the Highway in the area of the subject site. This is due in large part to the distance between the subject site and the shoreline. As such, this project should not adversely impact any scenic coastal resources. 4. Coastal Ecosystem The proposed improvements should not generate any adverse impacts to the area's coastal ecosystem. A drywell, if needed, may be installed to address on-site drainage. Please note that during • 21 the course of securing the required Underground Injection Control (UIC) and NPDES permits, the project's impacts to the groundwater and nearshore waters will be evaluated and appropriate mitigative, if needed, actions will be taken. Further, the site is situated over 5 miles from the shoreline, and any direct interaction between the proposed use and the water should be barely existent, if at all. Furthermore, the project's wastewater will be disposed off in a State Department of Health approved manner. 5. Economic Uses The project itself should have some significant indirect economic impacts, due to the possible long-term jobs this project could potentially generate. The short-term impacts relate to the construction jobs while the long-term ones deal with the continued use of the gas station/auto repair complex. 6. Coastal Hazards The site is designated "X" on the Flood Insurance Rate map. Being at nearly the 800-foot elevation level, the site also falls outside of the Civil Defense Tsunami Evacuation Zone. As the site is not located adjacent to the shoreline and over 5 miles away, normal winter storm waters should not be an issue for this project. Based on the foregoing, it is concluded that the proposed improvements are consistent with the objectives, policies and guidelines of the Special Management Area Rules and Regulations. Specifically: A. The proposed project will not have any substantial, adverse environmental or ecological effect. Any effect that may result will be minimized to the extent practicable and is clearly outweighed by public health, safety and welfare, and other compelling public interest. Further, it will not generate any adverse effects by themselves or in conjunction with other individual developments, the potential cumulative impacts of which would result in a substantial adverse environmental or ecological effect and the elimination of planning options. Appropriate mitigative measures will be taken to address any 22 • potential adverse impacts of this project; B. The proposed activities - as discussed earlier- are consistent with the objectives, policies, and guidelines of the SMA Rules and Regulations; and C. The proposed activities are consistent with the County General Plan and County Zoning Code. G. Other Permitting Considerations Other construction-related permits will be required in the future. These would be of the "ministerial"variety, such as Plan Approval, building permit, grading permit, and the like. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity If the request were denied, the short-term use of the site would probably continue to be used as an after the fact parking lot and/or vacant (along the rear portion of the subject area). From a long-term productivity standpoint, then, the proposed CV-10 zoning would not have any significant impact on the environment or existing mixture of residential/commercial uses in the area. C. Irreversible and Irretrievable Commitment of Resources As the site has been relatively disturbed in the past, it is not likely that its development would result in an irreversible commitment of natural or archaeological resources. Since the soil on the parcel has been classified "E" or very poor by the Land Study Bureau, there is little potential for agricultural activity. The residential use of this area should thus not compromise any agricultural or cultural resources. Further, it is not likely that the site has any significant archaeological features. This is evidenced by the prior grading and existing parking area use of a portion of the subject area. Again, if needed, a monitoring program can be conducted during any land disturbance activity. 23 D. Mitigative Measures The applicant does not believe that significant infrastructure improvements are needed for this rezoning. During the construction phase, contractors will be obligated to comply with appropriate State noise and air quality standards. Should unanticipated archaeological finds be discovered in conjunction with any further development of the subject area, work will stop (as is required by the State and County) and clearance secured before work is resumed. There are no drainage ways on the property. Any land disturbance activity, any and all required grading or grubbing work will be done in conjunction with the required permits. This is to assure that the land disturbance activity of the subject area does not adversely affect the drainage of surrounding properties. Finally, there will be no person or businesses to be dislocated by this project. E. Alternatives to the Proposed Project 1. No Project Under the status quo alternative, the subject area could continue in its vacant state. However, the existing access and parking area would probably continue. In either case, the existing condition would preclude making reasonable improvements to the commercial complex and in turn, may not address the growing need for more improved commercial and quasi-industrial uses. Further, given the evolving commercial uses in this area, the retention of this site in the RS-10 zoning may not be consistent with that evolving land use pattern. 2. Alternative Density Under this alternative, the applicant could seek a more intensive residential rezoning, such as RS-7.5 or a RM zoning. Those zoning categories would arguably be just as consistent with the requested CV-10 zoning, particularly as the CV zoning allows either single or multiple family residential uses. However, the residential zoning would limit the applicant to only those uses and not enable to expand and improve the existing commercial complex. 24 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not be significant. Mitigative measures, if needed, can and will,be taken to address any possible roadway impacts associated by the project. Further, the project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map and the Puna Community Development Plan. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested CV-10 alternative. 25 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: July 29, 2016 TO: Duane Kanuha, Planning Director FROM: Depa�'tment of Public Works, Engineering Division SUBJECT: CHANGE OF ZONE APPLICATION (REZ 16-000207) Planning Dept. Applicant: Paul Ogasawara Request: RS-10 to CV-10 Exhibit Tax Map Keys: 1-5-002: 027 and 1-5-114:020 We have reviewed the subject application forwarded by your memo dated July 1, 2016 and offer the following comments for your consideration. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage plan may be required by the Plan Approval process in accordance with Section 25-2-72(3) of the Hawaii County Code. The subject properties are in an area that is not mapped by the Federal Emergency Management Agency and is identified as an area of "minimal tsunami inundation." It is located more than 5.6 miles from the coastline and at an elevation of 660 feet above mean sea level. The parcels are designated as Zone X (an area determined to be outside the 500-year floodplain). The Federal Government and the County of Hawaii do not have any regulations for developments within areas of minimal tsunami inundation and Zone X. The Pahoa Village Road right-of-way width fronting the subject properties is irregular. Therefore, we recommend a future road widening of 25 feet from the roadway's centerline. The road widening strip along the properties' Pahoa Village Road frontage shall be delineated on the plans submitted for Plan Approval review and shall be subdivided and dedicated, at no cost to the County, when required by the Department of Public Works. The applicant shall provide their pro-rata share for the construction of full improvements to properties' frontage along Pahoa Village Road 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. This pro-rata share for roadway improvements specified in this condition shall be determined by the Department of Public Works and shall be payable to the County of Hawaii within six (6) months from the date that formal notice is served upon the applicant, its successors or assigns by the Department of Public Works regarding a program for the installation of curb, gutter and sidewalk improvements along the frontage of Pahoa Village Road in proximity to the subject properties. Questions may be referred to Kelly Gomes at ext. 8327. 10 6 7 6 0 County of Hawaii is an Equal Opportunity Provider and Employer DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII G . 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 �F HAWPO:n'v TELEPHONE (808) 961-8050 • FAX (808) 961-8657 July 19, 2016 TO: Mr. Duane Kanuha, Director Planning Department FROM: Keith K. Okamoto, Manager—Chief Engineer 3 SUBJECT: Change of Zone (REZ 16-000207) Applicant—Paul Ogasawara Request—RS-10 to CV-10 Tax Map Key 1-5-002:027 and 1-5-114:020 (Portion) We have reviewed the subject application and have the following comments and conditions. There is an existing 8-inch waterline within Pahoa Village Road fronting Parcel 020. Parcel 020 is currently served by an existing 5/8-inch meter (Account No. 080-10300). Therefore,the Department requests that the applicant submit estimated maximum daily water usage calculations for the proposed restaurant,prepared by a professional engineer licensed in the State of Hawai`i, for review and approval. The water usage calculations should include the total estimated daily water usage in gallons per day and the estimated peak flow in gallons per minute (GPM), including irrigation use. Upon receipt of the water usage calculations above,the Department will make a determination as to the water commitment deposit amount and prevailing facilities charge, which is subject to change, to be paid. Based on the water demand calculations,the Department will determine the appropriate service lateral and meter size required. The proposed zoning will require the installation of a reduced pressure type backflow prevention assembly, within five (5) feet of the meter on private property. If a larger or additional meter is required, a backflow prevention assembly will also be required for that meter. The installation of the backflow prevention assembly(s) must be inspected and approved by the Department before water service can be activated. Please be informed that the existing 8-inch waterline within Pahoa Village Road has a maximum theoretical fire-flow capacity of 1,565 gallons per minute (gpm) that does not meet the 2.000 gpm requirement for the proposed use. The Department recommends that the applicant contact the Fire Department for any fire protection requirements. Planning Dept. . . . Water, OurJVlost (Precious 1Resource . . . `7K,a WaiA pane . . . 1 U 6 6 Exhibit The Department of Water Supply is an Equal Opportunity provider and employer. x � Mr. Duane Kanuha, Director Page 2 July 19, 2016 Should there be any questions,please contact Mr. Troy Sarnura of our Water Resources and Planning Branch at 961-8070,extension 255. Sincerely yours, ,- eith K. Okamoto, P.E. Manager-Chief Engineer TS:dfg copy— Mr. Sidney M. Fuke, Planning Consultant ��`y�". William P. Kenoi moo. ,%, Darren J. Rosario, Mayor �`• Fire Chief _r Renwick J. Victorino 1: a ' Deputy Fire Chief County of jOettuart HAWAI`I FIRE DEPARTMENT 25 Aupani Street•Suite 2501•Hilo,Hawaii 96720 (808)932-2900•Fax(808)932-2928 July 19,2016 TO: DUANE KANUHA,PLANNING DIRECTOR FROM: DARREN J. ROSARIO,FIRE CHIEF SUBJECT: Change of Zone Application(REZ 16-000207) Applicant: Paul Ogasawara Request: RS-10 to CV-10 Tax Map Key: 1-5-002:027 and 1-5-114:020 (por) 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, more than one type of appliance, or special systems suitable for the protection of the hazard involved. 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. 18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. Planning Dept. Exhibit �. 0 6 6 -`�,.���,� Hawai'i County is an Equal Opportunity Provider and Employer. Duane Kanuha July 19,2016 Page 2 G�18.1.1.11 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 July 19,2016 Page 3 18.2.11.4 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 July 19, 2016 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 July 19,2016 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 July 19,2016 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 July 19, 2016 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 July 19,2016 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. Duane Kanuha July 19,2016 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. DARREN J. ROSARIO Fire Chief KV:ds n Lt1-I "Ii.-;/;---. . �tn�r tj't .� �1 SUZANNE D.CASE DAVID Y.1GE 4 `'�h•_ . { 'v,-- GOVERNOROFRAWA11 AP•'b 1959 9�. l� CHAT RPERSON hir ,,:\FY1�,:.;. BOARD OF-LAND AND NATURAL RESOURCES ! COMMASS1ON ON WATER RESOURCE ( _ MANAGEMENT ge9;: i egi A CI vir,_____, i A......:„....„,-,,,11:.,. ,' ' • E STATE OF HAWAII -%teofFtaviiDEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU.HAWAII 96RO9 July 27,2016 County of Hawaii Planning Department Attention: Ms. Maija Jackson via email: mjackson4i co.hawaii.hi.us 101 Pauahi Street, Suite 3 Hilo,Hawaii 96720 Dear Ms. Jackson: SUBJECT: Change of Zone Application(REZ 16-000207); Request: RS-10 to CV-10 Applicant: Paul Ogasawara Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comments. At this time, enclosed are comments from the (a) Engineering Division and (b) Land Division—Hawaii District on the subject matter. Should you have any questions,please feel free to call Lydia Morikawa at 587-0410. Thank you. Sincerely, Russell Y. Tsuji Land Administrator Enclosure(s) cc: Central Files Planning Dept. Exhibit_._4- DAVID V.IGC ••,(g C". 'yq SUZANNE D.CASE yGOVERNOR OF HAWAII i..+'T' 9.19„,',../.;s: CHAIRPERSON / f \ 4:4A SOARD OF LAND AND NATURAL RESOURCES I���.Y...{{{V� COMMISSION ON WATER RESOURCE o4`�d and 2 1� 5 i MANAGEMENT t ` 1114 • �[@; STATE OF HAWAII 4aIeotHavl"` DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOM UM,U.HAWAII 96809 July 7,2016 0 MEMORANDUMr DLNR Agencies: r- Div.of Aquatic Resources r �—< Div.of Boating&Ocean Recreation T'�r_, �_or ' . X Engineering Division I�� o Div. of Forestry&Wildlife Div. of State Parks �= _Commission on Water Resource Management Office of Conservation&Coastal Lands X Land Division–Hawaii District ecQi, X Historic Preservation F6M: ------�� �ss�l-I'. Tsuji, Land Ad�trals�"'` SUBJECT: ,r' Change of Zone Application(REZ 16-000207); Request:q uest: RS- 10 to CV-10 LOCATION: Pahoa,Puna,Island of Hawaii;TMK: (3) 1-5-002:027 and 1-5-114:020(por.) APPLICANT: Paul Ogasawara 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 26,2016. 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 Lydia Morikawa at 587-0410. Thank you. Attachments ( ) We have no objections. ( ) We have no comments. (;/) Comments are attached. Signed: 1 Print Date:Name: 1� Chang, Chief Engineer cc: Central Files I DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION To: Land Division Ref: Change of Zone Application(REZ 16-000207);Request: RS-10 to CV-10,Pahoa, Puna,Hawaii COMMENTS The rules and regulations of the National Flood Insurance Program(NFIP),Title 44 of the Code of Federal Regulations(44CFR),are in effect when development falls within a designated Flood Hazard. The owner or the project property and/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood Hazard Zone designations can be found using the Flood Insurance Rate Map(FIRM),which can be accessed through the Flood Hazard Assessment Tool(FHAT)(http://gis.hawaiinfip.org/FHAT). National Flood Insurance Program establishes the rules and regulations of the NFIP-Title 44 of the Code of Federal Regulations(44CFR).The NFIP Zone X is a designation where there is no perceived flood impact. Therefore,the NFIP does not regulate any development within a Zone X designation. Be advised that 44CFR reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may take precedence over the NFIP standards as local designations prove to be more restrictive. If there are questions regarding the local flood ordinances,please contact the applicable County NFIP Coordinators below: o Oahu: City and County of Honolulu,Department of Planning and Permitting (808)768-8098. o Hawaii Island:County of Hawaii,Department of Public Works(808)961-8327. o Maui/Molokai/Lanai County of Maui,Department of Planning(808)270-7253. o Kauai: County of Kauai,Department of Public Works(808)241-4846. Signed: CARTY S!`CI ,G,CHIEF ENGINEER Date: / / V DAVID].IGE r .� O F,H GOVERNOR OF HAWAII ;AQ;r'o........... i9,59, y'; .yam C L E•�'{ E i SUZANNE D.CASE • //4i s'`4i 0610;; r �t(t CHAMERSON E { l t. t1.P D 1 f('t j Y""( OF LAND AND N.A7UR IL RESOURCES "G�TiSUSSfON ON WATER RESOURCE vffid and,ydr4 1 MANAGEMENT .AG 9 ti , � �as • C T j 4¢� ... .: �, STATE OF HAWAII stoteofiia+td`\ DEPARTMENT OF LAND AND NATURAL RES LAND DIVISION POST OFFICE BOX 621 HONOT.TJT,TJ.HAWA11 96809 July 7, 2016 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: fa-41X. Tsuji,Land Ar : SUBJECT: Change of Zone Application(REZ 16-000207); Request: RS-10 to CV-10 LOCATION: Pahoa,Puna,Island of Hawaii;TMK: (3) 1-5-002:027 and 1-5-114:020(por.) APPLICANT: Paul Ogasawara 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 26,2016. 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 Lydia Morikawa at 587-0410. Thank you. Attachments • ( ) We have no objections. (y�We have no comments. ( ) Comments are attached. Signed: Print Name: A. C A/i,T Date: r cc: Central Files SidneyFuke, Planning Consultant 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 m ,t Ur- •Planning•Variance•Zoning Telephone:(808)969-1522•Cell:(808)989-0640 I� •Subdivision•Land Use Permits E-mail:sidfuke@hawaiiantel.net •Environmental Reports Iii August 3,2016 Mr. Duane Kanuha, Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo, HI 96720 Dear Mr.Kanuha: Subject: Rezoning Application(REZ 16-000207) Paul Ogasawara TMK: 1-5-002: 027 and 1-5-114: 020(Portion) Thank you for providing me with a copy of the Department of Water Supply and Department of Public Works—Engineering's comments regarding the subject application. In response to their comments, we provide the following: Department of Water Supply • In confirming that water is available from the 8-inch line fronting the subject site,the DWS nevertheless requested the submittal of"estimated maximum daily water usage calculation"to determine the required water commitment fees and the specific type of water service/improvements that may be required. • The applicant understands and accepts this standard requirement, including the installation of a backflow preventer. • Further, although the fire flow requirements may be slightly less than desired,the applicant will confer with the Fire Department during the building permit process to make sure that other fire-protective related requirements will be fulfilled. These include the possibility to sprinkler installation. • Finally,the applicant is aware that in making the water improvements fronting the site such as the meter installation, the associated improvements to the right-of-way would have be done by the applicant. Department of Public Works—Engineering(DPW-E) • A DPW-E approved drainage plan will be submitted in conjunction with the Plan Approval process. The plan will reflect the containment of all projec - - � drainage on the site and not directed towards other properties or the rt . �► a_ - LF if 2016 Planning Dept. Exhibit,.= Mr. Duane Kanuha,Director August 3, 2016 Page 2 • The applicant understands that to accommodate the possibility of the future widening of the Pahoa Village Road,a 25-foot future road widening setback be taken from the roadway's centerline. This will be so noted on the plans submitted for Plan Approval and/or building permit review/approval. The applicant understands and accepts that this future road widening area may need to be eventually subdivided and dedicated to the County, at no cost to the County and only when required by the DPW. • The applicant further understands that typically curb, gutters, and sidewalk fronting the entire frontage of a property are required as part of any proposed commercial rezoning. In this case,because of the irregularity of the rights-of-way in this area, it may not be prudent to so require the applicant to make those improvements now. As such and for the purpose of eventually having these improvements made,DPW-E is proposing that the applicant and/or its successors be required to pay its pro rata share "within six (6)months from the date that formal notice is served upon the applicant." This is reasonable and fair. Based on discussions with your staff,there is a possibility that some of the existing improvements may be encroaching within the Pahoa Village Road right-of-way. In that event, either the improvements will have to be removed or an encroachment easement be executed between the landowner and the County. The applicant is in the process of preparing a surveyed map that would not only facilitate identification of the future road-widening setback line but also this potential encroachment issue. Hopefully,this will be completed prior to submittal of plans for Plan Approval so as not to interfere with the timely issuance of the Plan Approval. We trust that the above adequately responded to comments to date. If not or if there are further questions or comments on this matter,please let me know. Thank you very much. Tcerelyjxt\AL SIDNEY M. FUKE Planning Consultant Copy—Paul Ogasawara w/agency comments RogasawaraREZ.mjj 9/20/16 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION PAUL OGASAWARA CHANGE OF ZONE APPLICATION (REZ 16-207) 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 position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicants are requesting a Change of Zone from Single-Family Residential - 10,000 square feet(RS-10) to Village Commercial - 10,000 square feet(CV-10) for approximately 29,837 square feet of land in order to confirm the existing gas station and auto repair activities (portions of a driveway and parking) on TMK 1-5-114:020, eliminate the split zoning of parcel 20 by having the 21,750 square feet area zoned CV- 10, and increase the auto repair area by expanding an existing open structure into the subject properties. The expansion will consist of about 2,400 square feet and will straddle the property line,therefore to prevent any building setback issues,parcel 20 and parcel 27 will be consolidated. On-site parking will be provided as required by the Zoning Code. The applicant, a lifelong resident of Pahoa, owns and operates a gas station, auto repair shop called Paul's Repair Service, and a convenience store called N&P Mart on the CV- 10 zoned portion of TMK 1-5-114:020. In 2004 he acquired a 21,750 square foot portion of an adjoining parcel, zoned RS-10, and had this area consolidated with the CV-10 zoned portion of parcel 20, creating a split zoned lot. Since then, at least 10,000 square feet of the newly acquired area was used for activities associated with the commercial uses, primarily as a driveway and parking. 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 an RS-10 to a CV-10 zoning district conforms to applicable goals, policies and standards of the General Plan. The subject property is located within Pahoa Village. Several of the surrounding properties along Pahoa Village Road have been rezoned from a residential to commercial zoning district since the Zoning Code was originally adopted in 1967. Land uses in the immediate area are primarily commercial in nature and include a restaurant,barbershop, church and medical clinic. Thus, the applicant's request is consistent with surrounding land uses and zoning. 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 request to change the zoning to a CV-10 district conforms to the LUPAG Map,which designates the property and the surrounding area as Medium Density Urban. Such designation allows village and neighborhood commercial uses and single-family and multiple-family residential uses and related functions,up to 35 units per acre. In addition to being consistent with the LUPAG Map, the request would also support the following goals and policies of the General Plan Land Use and Economic elements: • Centralization of commercial activities in Pahoa Town, rather than along the Pahoa Bypass, to serve the residents of Lower Puna shall be encouraged. • Encourage the concentration of commercial uses within and surrounding a central core area. • Require developers to provide basic infrastructure necessary for development. • Identify the needs of the business community and take actions that are necessary to improve the business climate. -2- The request to change the zoning district from residential to commercial would be a more appropriate land use pattern for the property as it will allow the applicant to expand his current business which has served the Pahoa community for several years. The Puna district has an abundance of land that is developed or can be developed for residences but there is not enough commercial-zoned land to provide goods and services to the residents. For example,the US Census forecasts the population of the Puna district will surpass the South Hilo district in 2020, with an estimated population of 58,246 compared to South Hilo's 49,791. However, the South Hilo district has more than six times the commercial zoned land than the Puna district, which indicates there is a severe shortage of zoned land where goods and services can be provided to the residents of Puna. As a result, Puna residents have to drive further, often all the way to Hilo for these goods and services. Providing additional commercial-zoned lands in Pahoa Town is essential to improve the quality of life for Puna residents, and in reducing scattered commercial development outside of Pahoa that is permitted on agricultural lands by Special Permit. The Puna Community Development Plan(PCDP) defines three types of village/town centers (regional, community, and neighborhood)which differ in size and range of uses according to their intended function. The subject property is located within the boundaries of the Pahoa Regional Town Center that is meant to serve as the commercial and civic center for lower Puna residents. In order to facilitate land use entitlements and financing for the development of village/town centers, the PCDP indicates that a plan for each regional town center should be prepared through an inclusive community-based process. Although a regional town center plan for Pahoa has not yet been created, in 2013 design guidelines were created for Pahoa Village and in 2015 the County Council created the Pahoa Village Design District. The subject property is situated within the design district; therefore,plans for the proposed expansion will be reviewed by the design committee to ensure consistency with the design guidelines. Based on the above findings, the request will conform to the General Plan and Puna Community Development Plan. All essential utilities and services are available to the site. Access to the property is from Pahoa Village Road, a County owned and maintained roadway with a -3- pavement width of approximately 20 feet within an irregular width right-of-way fronting the subject property. The General Plan identifies Pahoa Village Road as a collector street which requires a minimum right-of-way width of 60 feet. However,recently the Planning Department and Department of Public Works (DPW)have recognized that due to the location of existing structures in or abutting the current right-of-way, it is highly unlikely that a 60-foot wide right-of-way can be achieved for this road. Instead a 50-foot wide right-of-way is more realistic. Therefore, and since the right-of-way fronting the property is irregular, DPW recommends the applicant provide a 25-foot wide future road widening setback taken from the roadway's existing centerline. Since the travel lane is about 10 feet wide, this would mean the future road widening strip would be about 15 feet wide, but since the right-of-way width along the property is irregular, in some areas the road widening strip would be less or greater than 15 feet. The provision of this future road widening setback would also resolve the encroachments within the right-of-way and subject property. In the past,the Planning Department and County Council have not required future road widening strips along Pahoa Village Road from landowners that have rezoned their properties to a commercial zoning district. However, in 2008 the Puna Community Development Plan was adopted, which recommends that village/town centers incorporate walking and bicycle paths into the roadway network. In comments regarding this application, the Department of Public Works recommends the applicant or successor landowner provide a pro rata share of the cost of constructing roadway improvements, to include curb, gutter, sidewalk,pavement widening and utility relocation, at the time when such improvements are implemented by the County. The Planning Department concurs with these recommendations. In order to provide these multimodal facilities, additional right-of-way will be needed. Therefore, the Department recommends that the applicant provide a future road widening strip and pay a pro-rata share of the cost of constructing the improvements when DPW initiates a sidewalk improvement project along this section of Pahoa Village Road. Additionally, to be consistent with the concurrency requirements of the Zoning Code, a condition of approval will require submittal of a Traffic Impact Analysis Report (TIAR) if a land use is developed that would generate over 50 peak hour trips. -4- The applicants will be responsible for constructing any improvements identified in the TIAR required by the Department of Public Works. The project site has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The property is located in flood zone "X" which is an area determined by FEMA to be outside the 500- year flood plain. County water is available from an existing 8-inch waterline within Pahoa Village Road fronting the property. Parcel 20 is currently served by a 5/8-inch meter limited to an average daily usage of 400 gallons. Therefore, County water can be provided to the property,however the applicant may need to install an additional or larger water meter if the Department of Water Supply determines the existing water meter is not adequate to provide enough water for the expansion of commercial uses on the subject property. Additionally, the 8-inch waterline fronting the property is not capable of providing the required pressure of 2,000 gallons per minute of water flow for fire protection for commercial land uses, so the applicant will need to implement fire protection measures as required by the Fire Department. According to the Department of Health, an existing cesspool on parcel 20 services the gas station,market and auto shop.The applicant may need to install a new septic system to replace the existing cesspool to service the expanded commercial uses. There are no municipal waste collection services in the County. Therefore, all solid waste generated by development of the property will require private disposal at the Pahoa transfer station or Hilo landfill. Electrical and telephone services are available to the property. Police and fire services are available nearby in Pahoa and medical services are available in Pahoa and Hilo. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, -5- 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 findings, the request to rezone the property from a Single- Family Residential - 10,000 square feet(RS-10) to Village Commercial - 10,000 square feet(CV-10) zoned district would result in an appropriate land use pattern that would further benefit the general public. The accompanying draft bill to amend Section 25-8-26 (Pahoa Zone Map), Article 8, Chapter 25 (Zoning Code)of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -6- COUNTY OF HAWAII .f.iN w:— STATE OF HAWAII '''. .,.•:;:i:a *,e---, ' BILL NO. ORDINANCE NO. Cr(ali� \ Irl D�.0-) AN ORDINANCE AMENDING SECTION 25-8-26 (PAHOA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10)TO VILLAGE COMMERCIAL— 10,000 SQUARE FEET(CV-10) AT WAIAKAHIULA,PUNA, HAWAII, COVERED BY TAX MAP KEY: 1-5-002:027 AND 1-5-114:020 (PORTION). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-26,Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakahiula, Puna, Hawaii,shall be Village Commercial— 10,000 square feet(CV-10): PARCEL"A" Beginning at the west corner of this parcel of land,being also the southwest corner of Lot 8-A,the coordinates of said point of beginning referred to Government Survey Triangulation Station"PAHOA",being 3,255.90 feet South and 4,214.60 feet East,thence running by azimuths measured clockwise from true South: 1. 212° 28' 197.04 feet along the remainder of R.P. 8095, L.C. Aw. 11,216,Ap. 40,Part 2 to Kekauonohi (Lot 3); 2. 302° 28' 82.08 feet along the remainder of R.P. 8095, L.C. Aw. 11,216, Ap. 40, Part 2 to Kekauonohi (Lot 8-A); -1- 3. 55° 05' 213.45 feet along same to the point of beginning and containing an area of 8,087 Square Feet. PARCEL "B" Beginning at the east corner of this parcel of land and on the southwesterly side of Puna Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PAHOA",being 3,091.19 feet South and 4,563.52 feet East, thence running by azimuths measured clockwise from true South: 1. 58° 00' 152.00 feet along the remainder of R.P. 8095, L.C. Aw. 11,216, Ap.40, Part 2 to Kekauonohi (remainder of Lot 8-A); 2_ 54° 00' 224.92 feet along same; 3. 141° 37' 61.29 feet along the remainder of R.P. 8095, L.C. Aw. 11,219, Ap. 40,Part 2 to Kekauonohi; 4. 235° 05' 353.45 feet along the remainder of R.P. 8095, L.C. Aw. 11,219, Ap. 40, Part 2 to Kekauonohi; 5. 302° 28' 70.05 feet along Puna Road to the point of beginning and containing an area of 21,750 Square Feet. 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: (1) Necessary to prevent circumstances which maybe adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: -2- (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- / R5-10 R5-10 R5-10 5( R5-10 A-la \LO R5-10 R5-10 RS-10 CEL B CV 0 , j I \ SINGLE FAMILY RESIDENTIAL 10,000 SQUARE FEET(RS-10)TO VILLAGE COMMERCIAL-10,000 SQUARE FEET(CV-10) PASINGLE FAMILY RESIDENTIAL-CEL A 21,750 SQUAREE FEET 10,000 SQUARE FEET(RS-10)TO 1 �1 VILLAGE COMMERCIAL-10,000 SQUARE FEET(CV-10) �\� CV-10 8,087 SQUARE FEET �P CV-10 40, CV-10 CV-10 CV.i0 CV-1I CV-10 CV-10 P\L(,P CV-10 CV-10 CV-1• CV-10 CV-10 CV-10 A CV-10 CV-10 CV-10 Uq CV-10 CV-10 SCF QQ A-la CV-10 ,- 7"/ 3,255,90'5 4214.60'E 3,091.79'5 "PAHOA" 4,563.52 E "PAHOA" RS-10 R5-10 RM-2 RS-10 RS-10 R5-10 N Feet 0 125 250 375 500 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-26 (PAHOA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) TO VILLAGE COMMERCIAL - 10,000 SQUARE FEET (CV-10) AT WAIAKAHIULA, PUNA, HAWAII MAP PREPARED BY: TMK:(3)1-5-002:027 and COUNTY OF HAWAII, PLANNING DEPARTMENT 1-5-114:020(portion) DATE:June 29,2016 EXHIBIT "A" Ogasawara Mao: 1377 COgasawaraREZ.mjj 9/20/16 PAUL OGASAWARA CHANGE OF ZONE APPLICATION (REZ 16-207) CONDITIONS OF APPROVAL A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to submitting plans for Plan Approval,the applicant shall secure Final Consolidation Approval to consolidate Tax Map Key Nos. 1-5-002:027 and 1-5-114:020 into one parcel. C. Construction of the proposed development, as substantially represented by the Applicant, or as permitted by its zoning district classification, shall be completed within five(5) years from the effective date of this ordinance. Plan Approval shall be required prior to the construction or installation of any new structure or development, or any addition to an existing structure or development according to Section 25-2-71(a) of the Zoning Code. All application(s) for plan approval and sign permit(s) shall be reviewed for consistency with the Pahoa Village Design Guidelines according to Section 25-7-42 of the Zoning Code. The future road widening strip described in Condition H shall be delineated on the plan submitted for Plan Approval, which shall be prepared by a professional surveyor licensed in the State of Hawai`i. D. Prior to submitting plans for Plan Approval, the applicant shall submit for all uses on the property, the anticipated maximum daily water usage calculations as prepared by a professional engineer licensed in the State of Hawaii to the Department of Water Supply (DWS). A water commitment deposit shall be paid to the DWS prior to issuance of Final Plan Approval in accordance with Rule 5 of the Department of Water Supply's Rules and Regulations. The applicant shall construct necessary water system improvements as required by the DWS,which may include,but not be limited to, installing an additional or larger water meter. E. The applicant 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. Installation of the backflow prevention assembly and relocation and adjustment of the Department of Water Supply's water system facilities, should they be necessary, shall take into consideration the future road widening strip along Pahoa Village Road. F. The applicant shall implement any improvements required by the Fire Department and/or Department of Water Supply to ensure that fire protection requirements can be met for commercial zoning. G. Should the applicant, successors or assigns develop a land use which the Planning Department, in consultation with the Department of Public Works, determines will generate over 50 peak hour trips, a Traffic Impact Analysis Report(TIAR) shall be submitted for review and approval by the Department of Public Works prior to Final Plan Approval. The applicant shall implement, when required by the Department of Public Works, at no cost to the County, any transportation system improvements to Pahoa Village Road that may be deemed necessary by the Department of Public Works. H. A future road widening strip along the property's Pahoa Village Road frontage shall be subdivided and dedicated, at no cost to the County, when required by the Department of Public Works. The future road widening strip shall be measured 25 feet from the existing centerline of the road and shall be delineated on the plan submitted for Plan Approval, which shall be prepared by a professional surveyor licensed in the State of Hawai`i. The applicant shall provide their pro-rata share for the construction of full improvements to the properties' frontage along Pahoa Village Road 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 (DPW). The pro-rata share for roadway improvements specified in this condition shall be determined by the DPW and shall payable to the County of Hawai`i within six (6)months from the date that formal notice is served upon the applicant, its successors or assigns by the DPW regarding a program for the installation of curb, gutter and sidewalk improvements along the frontage of Pahoa Village Road in proximity to the subject property. J. Driveway connection(s) to Pahoa Village Road shall conform to Chapter 22, County Streets, of the Hawai`i County Code. -2- K. The method of sewage disposal shall meet with the requirements of the Department of Health. L. Should any remains of historic sites, such as rock walls, terraces,platforms,marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources—State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigation measures have been taken. M. If the applicant, successors, or assigns develop residential units on the subject property, the applicant, successors or assigns shall make its fair share contribution to mitigate the potential regional impacts of the development with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance,based on the percentage change in the Honolulu Consumer Price Index(HCPI). The fair share contribution shall have a maximum combined value of$8,667.10 per multiple family residential unit ($13,506.70 per single family residential unit). The total amount shall be determined by the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit(single family residential units) shall be allocated as follows: • $4,275.24 per multiple family residential unit($6,513.17 per single family residential unit)to the County to support park and recreational improvements and facilities; • $135.12 per multiple family residential unit ($314.20 per single family residential unit) to the County to support police facilities; • $415.64 per multiple family residential unit ($620.58 per single family residential unit)to the County to support fire facilities; -3- • $185.25 per multiple family residential unit($271.70 per single family residential unit) to the County to support solid waste facilities; and • $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, successors or assigns may contribute land and/or construct improvements/facilities related to parks and recreation, fire,police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. N. 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. O. The applicant, successors or assigns shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. P. An initial extension of time for the performance of conditions within the ordinance may be granted by the Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension shall be for a period not to exceed the period originally granted for performance(i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. -4- Q. 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' . • • e C 0 cD • • _ C a) E E o E V E N 4,1 4 q) � III WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT OCTOBER 6, 2016 A regularly advertised hearing on the application of PAUL OGASAWARA (REZ 16-207) was called to order at 9:01 a.m. in the County of Hawai`i Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i with Chairman Gregory Henkel presiding. COMMISSIONERS PRESENT: Gregory Henkel, Joseph Clarkson, Donald Ikeda, Myles Miyasato, and Raylene Moses. ABSENT & EXCUSED: Donn Dela Cruz. ALSO PRESENT: Duane Kanuha (Planning Director), Molly Stebbins (Corporation Counsel for the Windward Planning Commission), William Brilhante(Assistant Corporation Counsel for the Planning Director), Malia Ho (Deputy Corporation Counsel), Jeff Darrow (Staff Planner), Maija Jackson(Staff Planner), Christian Kay(Staff Planner), and Sarah Hata-Finley (Commission Secretary). And 9 members from the public in attendance. APPLICANT: PAUL OGASAWARA (REZ 16-207) Application for a Change of Zone from a Single-Family Residential— 10,000 square feet (RS-10) to a Village Commercial— 10,000 square feet (CV-10) zoning district for approximately 29,837 square feet of land. The subject property is located on the south side of Pahoa Village Road, about 320 feet southeast of Akeakamai Loop, Pahoa Village, Puna, Hawaii, TMK: 1-5-002:027 and 1-5-114:020 (portion). HENKEL: So, we'll go right to Number 2, Paul Ogasawara, REZ 16-207, and Maija will be giving the presentation. JACKSON: Thank you, Mr. Chair. Can you hear me? Yeah? Okay. Thank you, Mr. Chair. Good morning, everyone. MIYASATO/MOSES: Good morning. JACKSON: Can you hear me through the microphone? MOSES: Yes. MIYASATO: No. JACKSON: Okay. How about now? Now? 1 MOSES: Better, yes. JACKSON: Now? Okay, great. Thanks. Okay, the first application on your agenda is a rezone request. The Applicant is Paul Ogasawara, and the subject property is located in the Puna District right near Pahoa Village. You can see the property outlined in red towards the bottom of the slide. You have Pahoa Village Road running in a north-south direction on the left side of the slide, and then the Pahoa Bypass. And then Pahoa Village is right around here in the center of the slide. The property actually consists of two parcels. There's one"L" shaped parcel that you can see outlined in black. It's a split-zoned parcel. The north side of the parcel is already zoned CV-10, and the south side of the parcel is currently zoned RS-10. And, then also part of the request is a triangular-shaped parcel that is outlined in red here that's currently zoned RS-10. The surrounding zoning in Pahoa Village is all Village Commercial, and then across the street, you have the Catholic Church on land that's zoned Agricultural– 1 acre. And, then to the south is land that's zoned RS-10, and the Pahoa High School is actually in this area here on lands zoned RS. The General Plan designation for the property as well as the surrounding area is Medium Density Urban which allows Commercial zoning and a little bit higher density Residential. And, this is a map of the Puna CDP Pahoa Regional Town Center. You can see the general location of the properties is where this green dot is located so it's just outside of Pahoa Village, but still within the area designated for commercial community uses that's shown by the black dotted line here. And, this is an aerial photo of the property and surrounding area so the existing commercial portion of the lot has Paul's Gas Station. You may be familiar with Paul's Gas Station. That's been there a long time, and the gas station is right here. Then there's also like a little mini-mart in this structure here, an office building, and then an auto repair area in the back. So, the requested area to be rezoned is this strip of land to the south which is currently being used kind of as a driveway and for parking. And then, this triangular shape in the back here. Again, you have the Catholic Church to the east of the property. Pahoa Village to the west. The Applicant is requesting a Change of Zone from Single-Family Residential– 10,000 square feet to Village Commercial– 10,000 square feet for about 30,000 square feet of land. He's requesting the Change of Zone in order to confirm the existing gas station and auto repair activities that are already occurring on that strip of land that's zoned RS. It's—and, he's also requesting the Change of Zone to eliminate the split zoning of Parcel 20, as well as to be able to increase the auto repair area by expanding an existing open structure onto that triangular-shaped property to the south. This is the Applicant's site plan. Again, you can see the gas station, the mini mart, his office building, the auto repair structure. He wants to be able to expand the auto repair structure into a 2 new area here and then use this property for parking and for part of the driveway back to the auto repair area. And these are some photos of the property. You can see Pahoa Village Road. This is looking back towards Pahoa Village, so you have the mini mart, the office structure, the gas station. And then, you can see the gas station here. This is looking straight into the property. It's an existing driveway back to the auto repair area. And, going further in, this is looking back towards the triangular-shaped property. You can see there's vehicles stored there, and you can see the auto repair area to the right of the slide. And, then this is a view of Pahoa Village Road looking towards Kalapana. The high school is further down the road here, and so the driveway into the properties is just in this general location on the right side of the slide. The Director is recommending a favorable recommendation be sent to the County Council for this rezone request, and that concludes my presentation. HENKEL: Thank you, Maija. Commissioners, any questions of staff? MIYASATO: I have one. HENKEL: Yes. MIYASATO: Maija—it's on? You know, when we make our motion, we take—thank you—we take this as one being two parcels then? JACKSON: Yes. MIYASATO: Okay, thank you. HENKEL: Thank you, Commissioner. Any other questions of staff? Will the Applicant or their representation please come forward? Good morning. Would you raise your right hand? Do you swear or affirm to tell the truth on this matter now before the Planning Commission? FUKE: Yes, I do. HENKEL: Thank you. State your name, the area you reside, and speak directly into the microphone. FUKE: Sure. Good morning, Mr. Chairman and Members of the Commission. My name is Sidney Fuke. I'm a planning consultant. My residence, excuse me, my business address is 100 Pauahi Street. I'm here assisting Mr. Ogasawara who is seated in the audience. The staff's report, as always, is very comprehensive. I really don't have much more to add except just to say that the Applicant has had a chance to review the Background Report and the 3 proposed conditions to the rezoning request and have found them to be acceptable. So, any questions that the Commissioners may have, me or the Applicant would be more than willing to answer. HENKEL: Thank you, Mr. Fuke. Do any of the Commissioners have questions for Mr. Fuke? CLARKSON: Yes, I do. HENKEL: Go ahead, Mr. Clarkson. CLARKSON: I noticed that one of the conditions was a, I believe, 25-foot— FUKE: —from the centerline?— CLARKSON: —from the centerline. FUKE: Yes. CLARKSON: There's an existing 15-foot setback on the property. Is there any concern with having both of those in effect at the same time? FUKE: No, it would be like 25 feet from the centerline, so it's a question of like the distance between the centerline and the edge of pavement, and beyond that point like what exactly, how many additional feet beyond that point, you know, still remains to be seen right now because while the metes and bounds description of this parcel was taken relative to where the actual centerline is, is still questionable. But, getting the additional five or ten or fifteen feet, you know, should not be a problem. You know, from the subject property. You know, within the subject property `cause I think as the photo clearly indicated, the, that section fronting the Pahoa Village Road is essentially open, and beyond that point, you have the gas station and the—and the proposed rezone area is basically all vacant. HENKEL: Does that answer your question, Mr. Clarkson? CLARKSON: Yes. HENKEL: Any more questions of the Applicant? Thank you. You may be seated. FUKE: Thank you. HENKEL: Sarah, has any—I don't have a sheet. No one has signed up to testify? Okay, then, I need a motion to close the portion for public testimony. MIYASATO: I make a motion to close public testimony. IKEDA: Second. 4 HENKEL: It's been moved and seconded. All in favor say, "aye?" COMMISSIONERS: Aye. HENKEL: Opposed? Okay, the public testimony is seconded [sic]. Now, I look for a motion for action. MIYASATO: Chair, I'd like to make a motion. I move that a favorable recommendation be forwarded to the County Council on the application for Change of Zone Docket No. REZ 16-207 based on the Planning Director's recommendation and findings which shall be adopted. IKEDA: Second. HENKEL: It's been moved and seconded for approval. We'll do a roll call vote. JACKSON: Okay, Commissioner Miyasato? MIYASATO: Aye. JACKSON: Commissioner Ikeda? IKEDA: Aye. JACKSON: Commissioner Clarkson? CLARKSON: Aye. JACKSON: Commissioner Moses? MOSES: Aye. JACKSON: And Chair Henkel. HENKEL: Aye. JACKSON: Okay, the motion carries five, zero. The discussion ended at 9:12 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 5