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COM 1154.000 2014-2016
+ Randall M.Kurohara �'• 1.01 Managing Director gg William P.Kenoi *7RF� " :*I Mayor ---''tom-_ • Robert H.Command ,Pte.+°.�'�`�.- Deputy Managing Director • rE os H►�_ Louitf r trf ®fficc of fife Atavor 25 Aupuni Street,Suite 2603 • Hilo,Hawai`i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)323-4440 October 24, 2016 Dru Kanuha, Council Chair and Members of the County Council o tom' 4. County of Hawai`i c 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and 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) 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. 11.41114Vr.ra- William P. Kenoi Mayor � ' Comm.No. C Enclosures Ref.To: cc: Planning Department Ref.Date t " a58County of Hawaii is an Equal Opportunity Provider and Employer. tY^Oi William P.Kenoi ; ' V , '� Gregory Henkel,Chair Mayor ; .,6' ';+., :•I; Myles Miyasato,Vice Chair .es. f: Joseph Clarkson o: Donn Dela Cruz 41`... .-' Donald Ikeda Raylene Moses County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 41,..i 24 2016 0, : Dru Kanuha, Council Chair o.,w 4 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 16-000208) Applicant: Robert S. and Carol Oshiro Request: RS-10 to CN-10 Tax Map Key: 2-2-040:004 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 Neighborhood Commercial— 10,000 square feet (CN-10) zoning district for one (1) acre of land. The property is located on the east (makai) side of Kilauea Avenue approximately 180 feet north of its intersection with East Kahaopea Street, Waiakea Homestead House Lots, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request, with a change to Condition G regarding the timing of construction of improvements to Kilauea Avenue fronting the subject property. The Planning Director concurred with recommendation of Department of Public Works (DPW) for the applicant to provide these improvements within a future road widening strip prior to issuance of a certificate of occupancy for any commercial uses on the property. However, the Commission recommends the applicant provide a future road widening strip and pay a pro-rata share for these improvements when the DPW implements a project for these improvements along the frontage of Kilauea Avenue in proximity to the subject property. Hawai`i County is an Equal Opportunity Provider and Employer Dru Kanuha, Council Chair and Members of the County Council Page 2 The applicants are requesting a of zone from a district from Single-Family Residential-10,000 square feet (RS-10) to a Neighborhood Commercial-10,000 square foot (CN-10) zoning district for approximately one (1) acres of land.in order to allow the construction of a new 2,280 square foot restaurant. The applicants have a son who is a chef and they would like to help him fulfill his dream of having his own restaurant. The restaurant will be open for breakfast, lunch and dinner, six days a week from 6 a.m. to 9 p.m. It is anticipated that the restaurant will have eight employees in addition to the owner. On-site parking and landscaping would be provided as required by the Zoning Code. 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 CN-10 zoning district conforms to applicable goals, policies and standards of the General Plan. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The 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 CN-10 district conforms to the LUPAG Map, which designates the property and the surrounding Dru Kanuha, Council Chair and Members of the County Council Page 3 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 elements, Economic, and Transportation elements: LAND USE— GENERAL • Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. LAND USE—COMMERCIAL • Provide for commercial developments that maximize convenience to users. • Encourage the concentration of commercial uses within and surrounding a central core area. • Require developers to provide basic infrastructure necessary for development. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. • The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. Dru Kanuha, Council Chair and Members of the County Council Page 4 ■ 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. ECONOMIC • Strive for an economic climate that provides its residents an opportunity for the choice of occupation. • Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. TRANSPORTATION —ROADWAYS • Widen and provide curb, gutter and sidewalk improvements along Kilauea Avenue from Haihai Street to Ponahawai Street. The State Land Use designation for the subject property is Urban. The property is designated Urban by the Land Study Bureau's Productivity Rating. The Hilo Community Development Plan (CDP), adopted in 1975, suggests residential uses in this area. However, this area is transitioning to higher density commercial type uses consistent with the more recently adopted land use plans like the General Plan. The proposed change of zone would complement the commercial land uses that already exist in this area and will provide for an orderly development of the area. Parcels adjacent to the north and across Kilauea Avenue to the west are zoned Single-Family Residential (RS-10) and primarily consist of single-family residential uses. The properties adjacent to the south and east of the subject property are zoned Neighborhood Commercial (CN-10) and consist of a parking lot to the south and the Puainako Town Center commercial area consisting of retail shops, grocery stores, and restaurants. Thus, the applicant's request is consistent with surrounding land uses and zoning. Dru Kanuha, Council Chair and Members of the County Council Page 5 All essential utilities and services are available to the site. Access to the property is from Kilauea Avenue, a County-owned and maintained roadway with a pavement width of approximately 35 feet within an existing 60-foot wide right-of-way with three lanes, with the middle lane as a dedicated left/right turning lane. The City of Hilo Zone Map and the General Plan Facilities Map reflect that Kilauea Avenue is planned to be widened to an 80- foot wide right-of-way. The Department of Public Works recommends the applicant provide improvements to the subject property's entire Kilauea Avenue frontage consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. The applicant will also be required to install any streetlights and traffic control devices that may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. DPW further noted that the site plan submitted with this change of zone application is inconsistent with the zoning code in that include the parking layout which would force some vehicles to back out onto Kilauea Avenue. In order to provide these facilities, additional right-of-way will be needed. Therefore, the Department recommends that the future road widening strip and road frontage improvements be required as a condition of approval for the change of zone. According to the Institute of Transportation Engineers Trip Generation Manual, a 2,280 square foot High Turnover (Sit-Down) Restaurant would generate about 43 trips during the a.m. and p.m. peak hour periods. This does not trigger the need for a Traffic Impact Analysis Report (TIAR), however, to be consistent with the concurrency requirements of the Zoning Code, a condition of approval will require submittal of a TIAR should a different land use be 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. All development generated storm run-off shall be disposed of on- site and not allowed onto adjacent properties or roadways. Dru Kanuha, Council Chair and Members of the County Council Page 6 County water can be made available from a 10-inch waterline within Kilauea Avenue. The subject property is currently served by two (2), 5/8-inch meters that is limited to an average daily usage of 400 gallons. As three (3) single-family dwellings will remain on the property, the applicant will be responsible for obtaining an additional water meter for the third dwelling as well as a separate water meter for the proposed restaurant. The existing 10-inch waterline within Kilauea Avenue fronting the project site is adequate to provide the required 2,000 gallons per minute flow for fire protection, however, the nearest fire hydrant is located 200 feet from the subject property which does not meet the required 150 foot standard of the Fire Department. The Department of Water Supply will determine the appropriate service lateral and meter size required once the applicant provides estimated maximum daily water usage calculations for the proposed use and the applicants will be required to install reduced pressure type backflow prevention assembly and any other improvements that may be required by DWS. There is no County sewer in the area. Thus, an individual wastewater system, such as a septic system, will need to be installed to service the proposed restaurant. 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 Hilo landfill. Electrical and telephone services are available to the property. Police and fire services and medical services are available nearby in Hilo. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The subject parcel is over two (2) miles from the nearest shoreline and is outside of the SMA. There is no record of a designated public access to the shoreline or mountain areas that traverses the site. According to the applicant, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. In a letter dated July 18, 2016, the DLNR State Historic preservation Division determined that the proposed rezone, demolition of a dwelling, and construction of a restaurant would have no effect to historic properties due to previous grading/grubbing on the parcel. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area and no action is necessary to protect these rights. 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 Dru Kanuha, Council Chair and Members of the County Council Page 7 the subject properties. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, the request to rezone the property from a Single- Family Residential - 10,000 square feet (RS-10) to Neighborhood Commercial - 10,000 square feet (CN-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 25-8-33 (City of Hilo 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 LOshiroREZ 16-208 wpc2 Enclosures cc: Robert S. and Carol Oshiro Brian Nishimura, Planning Consultant Department of Public Works Department of Water Supply Department of Land &Natural Resources-HPD William Brilhante, Esq., Corporation Counsel BOshiroREZ.crk09.12.16 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT ROBERT S.AND CAROL OSHIRO CHANGE OF ZONE APPLICATION (REZ 16-000208) ROBERT AND CAROL OSHIRO have submitted an application for a Change of Zone from a Single-Family Residential-10,000 square foot(RS-10)to a Neighborhood Commercial-10,000 square foot(CN-10) zoning district for approximately one(1) acre of land. The subject parcel is located on the east(makai) side of Kilauea Avenue, approximately 180 feet north of its intersection with East Kahaopea Street,Waiakea Homestead Houselots, Waiakea, South Hilo, Hawaii TMK: 2-2-040:004. PROPOSED ACTION 1. Applicants Request: Change the zoning district from Single-Family Residential— 10,000 square feet(RS-10)to a Neighborhood Commercial 10,000 square foot(CN-10) zoning district for approximately one(1) acres of land. According to the Zoning Code, the he CN (Neighborhood Commercial) zoning district applies to strategically located centers suitable for commercial activities which shall be of such size and shape as will accommodate a compact shopping center which supplies goods and services to a residential or working population on a frequent need or convenience basis.This district is distinguished from a central commercial district which provides general business and broad services to a city or region. Requirements for establishing a land use in the CN district, including a list of the variety of permitted land uses, are shown in Section 25-5- 100 to 108 of the Zoning Code. (P.D. Exhibit 1—Zoning Code Neighborhood Commercial Districts) 2. Reason for Request: The applicants are requesting the change of zone to allow the ' construction of a new 2,280 square foot restaurant.The applicants have a son who is a chef and they would like to help him fulfill his dream of having his own restaurant. The restaurant will be open for breakfast, lunch and dinner, six days a week from 6 a.m. to 9 p.m. It is anticipated that the restaurant will have eight employees in addition to the owner. (P.D. Exhibit 2 - Change of Zone Application and Request to Change Resulting Zoning to CN) 3. Landowners: Robert S. and Carol Oshiro. 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. Special Management Area: The subject parcel is over two (2)miles from the nearest shoreline and is not situated within the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 8. Subject Property: The subject one (1) acre parcel is rectangular in shape and is currently developed with four (4) single-family dwellings. According to the applicant, the oldest dwelling was built in 1944 and is unoccupied due to its dilapidated condition. This dwelling will be demolished to accommodate the construction of a 2,280 square foot restaurant and related improvements. The other three dwellings,built between 1989 and 1991, are currently occupied by the applicants and other family members and will be retained for residential use. The applicants consolidated their 38,550 square foot lot with a remnant of abandoned railroad right-of-way in 2014 (CON-14-000275) to bring the lot size up to one (1) acre. Use Permit No. 133 was approved on March 9, 1995 to allow the establishment of an adult daycare facility within an existing single-family dwelling. That facility is no longer in operation and the applicants have requested revocation of that Use Permit. 9. Surrounding Land Uses/Zoning: The property adjacent to the south and east of the subject property are zoned Neighborhood Commercial (CN-10) and consist of a parking lot to the south and the Puainako Town Center consisting of retail shops, grocery stores, and restaurants,to the east. Parcels adjacent to the north and across Kilauea Avenue to the west are zoned Single-Family Residential (RS-10) and primarily consist of single- family residential uses. 10. U.S.D.A. Soil Type: The Ola`a Series (OID) consists of extremely stony, silty clay loam with 0 to 20% slopes. The soil has a very dark brown extremely stony silty clay loam surface layer approximately nine inches thick and is underlain by A`a lava. Permeability is rapid, runoff is slow, and the erosion hazard is slight. -2- 11. Agricultural Lands of Importance to the State of Hawaii(ALISH): Unclassified. 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: The property has been developed for residential use with a dwelling since 1944. Thus no floral or faunal surveys have been prepared for the property. Due to the property's close proximity to urban areas and its development and use as a home site for the past 72 years, it is not likely to have endangered floral or faunal species. 15. Archaeological/Cultural/Historical Resources: No archaeological inventory survey was prepared as the property has been developed for residential use with a dwelling since 1944. According to the applicants, no valued cultural or historical resources exist on the site and no traditional and customary native Hawaiian rights are exercised on the site. In a letter dated July 18, 2016,the DLNR State Historic preservation Division determined that the proposed rezone, demolition of a dwelling, and construction of a restaurant would have no effect to historic properties due to previous grading/grubbing on the parcel. 16. Public Access: There is no public access to the mountains or the shoreline that traverses the property. 17. Traffic: According to the applicant,no specific Traffic Impact Analysis Report(TIAR) was prepared for the subject application. The subject property is fronted by Kilauea Avenue which, at the project site, Kilauea Avenue has two travel lanes and a center turning lane. Existing traffic volumes are high due in part to the proximity of major shopping areas including the Puainako Town Center, KTA Shopping Center and the Prince Kuhio Plaza. The applicant does not anticipate that the proposed 2,280 square foot restaurant will add significant traffic to existing volumes in the area. The applicant is proposing 16 parking stalls for the project, including one ADA stall. UTILITIES AND SERVICES 18. Access: Access to the property is from Kilauea Avenue, a County-owned and maintained roadway with a pavement width of approximately 35 feet within an existing 60-foot wide -3- right-of-way with three lane, with the middle lane as a dedicated left/right turning lane. The City of Hilo Zone Map and the General Plan Facilities Map reflect that Kilauea Avenue is planned to be widened to an 80- foot wide right-of-way. The Department of Public Works recommend the applicant provide improvements to the subject property's entire Kilauea Avenue frontage consisting of,but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. The improvements shall be located within the future road widening setback established by the Planning Department. Install streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. DPW further noted that the site plan submitted with this change of zone application is inconsistent with the zoning code in that include the parking layout which would force some vehicles to back out onto Kilauea Avenue. Water: According to the Department of Water Supply, County water can be made available from a 10-inch waterline within Kilauea Avenue. The subject property is currently served by two (2), 5/8-inch meters that is limited to an average daily usage of 400 gallons. As three(3) single-family dwellings will remain on the property,the applicant will be responsible for obtaining an additional water meter for the third dwelling as well as a separate water meter for the proposed restaurant. The existing 10- inch waterline within Kilauea Avenue fronting the project site is adequate to provide the required 2, 000 gallons per minute flow for fire protection, however, the nearest fire hydrant is located 200 feet from the subject property which does not meet the required 150 foot standard. The Department recommends that the applicant contact the Fire Department for any fire protection requirements. The Department of Water Supply will determine the appropriate service lateral and meter size required once the applicant provides estimated maximum daily water usage calculations for the proposed use. 19. Wastewater: There is no County sewer in the area. According to their July 13, 2016 memo, the State Department of Health indicated that there is insufficient land area to install an additional individual wastewater system (IWS) on the property,however, DOH -4- was unaware of the consolidation in 2014 which brought the lot size to one acre. Based on this additional land area, the applicant would be able to install a new IWS on the property,meeting with the requirements of DOH to accommodate the proposed restaurant use. 20. 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 Hilo landfill. 21. Utilities and Services: Electric and telephone services are available to the property. Police, fire, and medical services are all available nearby in Hilo. AGENCY COMMENTS 22. Department of Public Works-Engineering Division: P.D. Exhibit 3—August 5, 2016 memo and September 9, 2016 Email from Kelly Gomes 23. Department of Water Supply: P.D. Exhibit 4—July 22, 2016 memo 24. Fire Department: P.D. Exhibit 5—July 25, 2016 memo 25. Department of Health: P.D. Exhibit 6—July 13, 2016 memo 26. Department of Land and Natural Resources—Engineering Division: P.D. Exhibit 7 —July 13, 2016 memo 27. DLNR-State Historic Preservation Division: P.D. Exhibit 8-July 18, 2016 letter AGENCIES -NO COMMENTS OR OBJECTIONS 28. Police Depaitnient,Department of Environmental Management, Department of Land and Natural Resources—Land Division AGENCIES—NO RESPONSE 29. Depai tment of Public Works—Building Division PUBLIC COMMENTS 30. None as of the date of this writing. -5- ZONING §25-5-98 (d) Exceptions to the regulations for the V 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.9;Am. 2015,Ord. No. 15-33,sec.4.) Division 10.CN,Neighborhood Commercial Districts. Section 25-5-100. Purpose and applicability. The CN (neighborhood commercial) district applies to strategically located centers suitable for commercial activities which shall be of such size and shape as will accommodate a compact shopping center which supplies goods and services to a residential or working population on a frequent need or convenience basis. This district is distinguished from a central commercial district which provides general business and broad services to a city or region. (1996,Ord.No.96-160,sec.2;ratified April 6, 1999.) Section 25-5-101. Designation of CN districts. Each CN (neighborhood commercial) district shall be designated by the symbol "CN" followed by a number which indicates the minimum land area,in thousands of square feet,required for each building site. (1996,Ord.No. 96-160, sec. 2;ratified April 6, 1999.) Section 25-5-102. Permitted uses. (a) The following uses shall be permitted in the CN district: (1) Adult day care homes. (2) Automobile service stations. (3) Bed and breakfast establishments,as permitted under section 25-4-7. (4) 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. (5) Business services. (6) Cemeteries and mausoleums,as permitted under chapter 6,article 1 of this Code. (7) Churches,temples and synagogues. (8) Community buildings,as permitted under section 25-4-11. (9) Convenience stores. (10) Crematoriums, funeral homes, funeral services,and mortuaries. (11) Crop production. (12) Day care centers. (13) 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. (14) 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. (15) Dwellings,single-family. (16) Family child care homes. (17) 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. 25-69 UNOFFICIAL ADVANCE SHEET-Contains sec(s).affected since publication of Supp. 19(1-2015) Official revision to be published in 2015 Edition of Code. Planning yept. Exhibit. § 25-5-102 HAWAII COUNTY CODE (18) Financial institutions. (19) Group living facilities. (20) Home occupations,as permitted under section 25-4-13. (21) Medical clinics. (22) Meeting facilities. (23) Model homes,as permitted under section 25-4-8. (24) Museums. (25) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (26) Offices. (27) Personal services. (28) Photography studios. (29) Public uses and structures,as permitted under section 25-4-11. (30) Repair establishments,minor. (31) Restaurants. (32) Retail establishments. (33) Schools. (34) Telecommunication antennas,as permitted under section 25-4-12. (35) Theaters. (36) Utility substations as permitted under Section 25-4-11. (b) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the CN district. (1996, Ord.No.96-160,sec. 2;ratified April 6, 1999; Am. 2012,Ord.No. 12-28, sec. 12.) Intentionally left blank. 25-69.1 UNOFFICIAL ADVANCE SHEET-Contains sec(s).affected since publication of Supp. 19(1-2015) Official revision to be published in 2015 Edition of Code. § 25-5-103 I-IAWAII COUNTY CODE Section 25-5-103. Height limit. The height limit in the CN district shall be forty feet. (1996,Ord.No.96-160,sec.2;ratified April 6, 1999.) Section 25-5-104. Minimum building site area. The minimum building site area in the CN district shall be seven thousand five hundred square feet. (1996,Ord.No.96-160,sec.2;ratified April 6, 1999.) Section 25-5-105. Minimum building site average width. Each building site in the CN district shall have a minimum average width of sixty feet. (1996,Ord.No. 96-160,sec. 2;ratified April 6, 1999.) Section 25-5-106. Minimum yards. The minimum yards in the CN district shall be as follows: (1) Front and rear yards, fifteen feet; and (2) Side yards,none, except where the adjoining building site is in an RS, RD, RM, RCX or V district. Where the side yard adjoins the side yard of a building site in an RS, RD, RM, RCX or V 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 25-5-107. Landscaping of yards. (a) All front yards in the CN 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 CN 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. 10.) Section 25-5-108. Other regulations. (a) In conjunction with plan approval, the director may require the construction of a continuous eave overhanging the front property line in the CN district. The director may also require that the eave be of similar height and design in any one block of the CN district. Intentionally left blank. 25-70 UNOFFICIAL ADVANCE SHEET-Contains sec(s).affected since publication of Supp. 19(1-2015) Official revision to be published in 2015 Edition of Code. ZONING § 25-5-108 (b) Plan approval shall be required for all new structures and additions to existing structures in the CN district,except for construction of one single-family dwelling and any accessory buildings per lot. (c) Exceptions to the regulations for the CN 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. 11;Am.2015,Ord. No. 15-33,sec. 4.) Division 11.CG,General Commercial Districts. Section 25-5-110. Purpose and applicability. (a) The CG (general commercial) district applies to an area suitable for commercial uses and services on a broad basis to serve as the central shopping or principal downtown area for a city or a region. (b) No CG district shall be established until there is a demonstrated need for such action and no two CG districts shall be established in such relationship to each other that they cannot act as one center and yet are too close together to serve two distinct regions. (1996,Ord.No.96-160,sec. 2;ratified April 6, 1999.) Section 25-5-111. Designation of CG districts. Each CG (general commercial) district shall be designated by the symbol "CG" followed by a number which indicates the minimum land area, in thousands of square feet,required for each building site. (1996,Ord.No. 96-160,sec. 2;ratified April 6, 1999.) Section 25-5-112. Permitted uses. (a) The following uses shall be permitted uses in the CG district: (1) Adult day care homes. (2) Amusement and recreation facilities, indoor. (3) Art galleries,museums. (4) Art studios. (5) Automobile service stations. (6) Automobile sales and rentals. (7) Bars,nightclubs and cabarets. (8) Bed and breakfast establishments,as permitted under section 25-4-7. (9) 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. (10) Broadcasting stations. (11) Business services. (12) Car washing, provided that if it is mechanized, sound attenuated structures or sound attenuated walls shall be erected and maintained on the property lines. (13) Catering establishments. (14) Cemeteries and mausoleums,as permitted under chapter 6,article 1 of this Code. (15) Churches,temples and synagogues. (16) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the cleansing agent. (17) Commercial parking lots and garages. (18) Community buildings, as permitted under section 25-4-11. (19) Convenience stores. (20) Crematoriums, funeral homes, funeral services,and mortuaries. (21) Crop production. (22) Day care centers. 25-71 UNOFFICIAL ADVANCE SHEET-Contains sec(s).affected since publication of Supp. 19(1-2015) Official revision to be published in 2015 Edition of Code. 2�ts fitIG 26 P1l 2 58 BRIAN T.NISHIMURA,PLANNING CONSULTANT r, r �(3 tans/ENT 101 Aupuni Street,Suite 217 �,��� i i f IT HAWAII Hilo,Hawaii 96720-4221 "UL��1 i Y OF Phone:(808)935-7692 Fax:(808)935-6126 E-mail:nishimura.brian@gmail.com August 23,2016 Mr.Duane Kanuha,Director County of Hawaii Planning Department 101 Pauahi Street,Suite 3 Hilo,Hawaii 96720-3043 Subject: Request to Amend Change of Zone Application(REZ 16-000208) Applicant: Robert S.and Carol Oshiro TMK:(3)2-2-40:004 Dear Mr.Kanuha: A suggestion from your staff member,Christian Kay,resulted in a discussion with the applicants to consider a Neighborhood Commercial(CN)designation rather than the Residential- Commercial Mixed Use(RCX)designation requested in the subject application submittal. The applicants have decided to make the change and are requesting the CN zoning designation rather than RCX. Our understanding is that the wording on the change of zone sign will need to be changed to reflect the new request. In addition,surrounding property owners will be advised of the change in the second required notice prior to the public hearing before the Planning Commission. We understand that this change will not affect the processing time for the application. If this is not the case,the applicants will want to keep the original zoning request because they do not want to cause any delay in the processing of the application. We would appreciate a confirmation that our understanding of the requirements and processing impacts are correct. Thank you in advance for your assistance in processing this request. Should you have any questions or require additional information regarding this matter,please do not hesitate to contact me. Sincerely, Brian T.Nishimura,Planning Consultant c.Robert S.and Carol Oshiro 107229 Planning Dept. Exhibit 2 CHANGE OF ZONE APPLIC'..ffJONn 9 ,; COUNTY OF HAWAII , i'. PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: R.0104-V-1- 5. ( CQv-© l APPLICANT'S SIGNATURE: - &-V DATE: 6V2-3 /6 ADDRESS: 2- I e.G (a u o Av, . i ( 0 , ccc�at � CI O LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (Res.' 959.-37yr(Fax) LANDOWNER(S): SGkvne._ CAS CA-pp L jp l CAvI rt- LANDOWNER LANDOWNER SIGNATURE(S): DATE: (May be by letter) LANDOWNER(S)ADDRESS:. REQUEST: 1L 0 TO .C-K - t C� (Existing zoning) (Proposed Zoning) TAX MAP KEY: 2- 2. - %, 0 4- STREET ADDRESS OF PROPERTY: 2.- 15 5 K, I a u -& N Ve. 1-ti 10 %72O SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: I AGENT: 13:rc ave 1 . ( ;SLI; (AA_txtfct . P lat.vt v c w e_ovv.su Pzcvt'fr ADDRESS: t o t Aup(AA i s e- -- ?17 Hf .14cL .o.L' i,i 9_02-0 TELEPHONE:(Bus.) 93S 2. (Res.) %35-7 8' (Fax) c73 T6, f Z G, Please indicate to whom original correspondence and copies should be sent. ORIGINAL: COPIES: Planning Dept. Exhibit v ATTACHMENT C om m ercla],RM,Resort:,& Indust:hi PLANNING DEPARTMENT COUNTY OFHAW All APPLEATDN FOR CHANGE OF ZONE 1. ifyourrequestt approved,do you intend to subdivide the subctland b accordance with the approved change of zone? t10 Ifyes,pase answ erthe restofquestbn Iand then to Y queston 3. a. How m any acres ofthe lequested area do you iltend ID subdivide? b. Into whatbtsizes? c . ifyourrequestis approved,approxb ately how bng a$erthe date ofapprovaldo you expectto subm it yoursubdivisbn plans to the Plannbg Departm ent brpiebn bait'approval2 Ifyou intend to subdivile,pbase subm ita pre]in bary schem atx subdivEbn plan IDgetherw ith yourchange of zone app.Jatbn bun 2. ifyou nave no firm plans ofsubdivithg the sub ctarea, do you blend to: a. Seforbase the land b som eone who has fern plans? b. SeIlorbase the land to som eone who has tentative per? c . Se]lorbase the ,land tD som eone who has no plans? a. Keep e. other(obase state) f. Ifyou Mend to do eithera,b,orc,pease elaborate on the kind ofpians the otherparty has.P hese,abo, halide n youranswerappmYin ately how soon after appmvalofyournezoning do you expecttn transferthe - sub cthnd to anotherparty. 3. W hatspec pons do you have bribe subcthnd? Include is your answ erthe fo]bwlag:type ofbuftlhg (apart ent ofire,kunderette,etc.);fnancing anangem ent; tin etabb brconstructbn;and any otherinfoun athn whth you feelm ighthelp us n evaliating yourrequest o 0.54-ir(AG/F.' vLeA.A) 2-, 2_q"-C) 9��,(A...tv.� .0 T V g,5,4-S-e,,,t Vel V1-t- . O 4. Have you peril:nn ed any study w hu h w ouli dem onstrate a need br d yourpmposed bud ng and,brdevebpm ent N 0 irso,phase ehborate on yourfndi.Egs it the space pmviled bebw. -2- • 5. H ave you perbim ed any study which discusses the envinm entalin pacts yourrequestw ourl nave on the surrounding area and/orthe County? Ifso,phase e]abolate on your findings in the space pioviied bebw. 6. Are there any builings on the subctaiea? Ifso, whatkizd? 1 VI Ve... S ' k.G'r v-v✓l. ' AAA)j (c S CA l k 1,9e- '-e-wb f •S .-Fn a w� W hatdo you intend to do with those buktings ifyour requestis approved? d-v) f ,—vis w i U Is the subcthnd cunent'being used forany agnaiJt ualactisr ? if so,phase Istthe kinds ofpn ducts gown on and how m any square feetoracres ofhnd perproducL -3- 8. To yourknowbdge,has there been any fboding and/or b ' diaiiage pmbbm on the subctarea? 0 If so,phase descrbe the pmbbm g, Do you think thatthe reads hadiig to the subctarea / needs m i• ti ent� i If so,w hatkind? Is the mad adequate hrthe pmposed traffic volun e orbad? �T 10. W hat sortofgovemmentalassistance and1brinpmvem ents do you feelw ill be needed in the subctarea when devebped? yes 11Q a. Schools b. Roads c, Sewer d. D silage e. P o)ie P mtsctbn f. Fite P mtectim g. RecmatbnalFacii#is h. R ecreat bnalFarilitps Q ther -4- Forthose checked 'yes,"phase ehborate whattype orkiids of m pmvem eats and,brassistance aie needed. 1.1.H ave you peffixn ed any historb sits study and%orsurvey ofthe sub ctarea? Ifso,whatwere the results? Pbase,also, p subm ka copy ofthe study togetherw ith this change of zone supphm ent S ijnatme: idt-45L `- Address: oZ f SS k,,/d-t_.re.o.) z✓ f /c) /-(-7, l6 71.6 Tehphone: (116g ) yS -3 7 9 1 Date: Jame 23, /L -5- 6338A bOA 5-6338A,50A P.D.5/64 • CHANGE OF ZONE APPLICATION BACKGROUND AND COUNTY ENVIRONMENTAL REPORT APPLICANTS: Robert S.and Carol Oshiro REQUEST: Single Family Residential 10,000 square feet(RS-10)to Residential- Commercial Mixed Use 10,000 square feet(RCX-10) TAX MAP KEY: (3)2-2-040: 004 A) SUBJECT REQUEST 1) Details of the Proposed Development: a) Project description: The subject property is situated on the east side of Kilauea Ave., approximately 180 feet north of the Kilauea Ave.—Kahaopea Street intersection,Waiakea, South Hilo, Island of Hawaii, Tax Map Key No. (3)2-2- 040: 004. The subject property is a 1 acre parcel which has been developed with four single family dwelling units currently on the property. The first dwelling was constructed in 1944 and the most recent one was constructed in 1992. The oldest dwelling is unoccupied and in dilapidated condition. The applicants intend to demolish the unoccupied dwelling to construct a new 2,280 square foot restaurant. The remaining three dwellings will be retained for residential use and are currently occupied by the applicants and other family members. The applicants are requesting a change of zone from Single Family Residential 10,000 square feet(RS-10)to Residential-Commercial Mixed Use 10,000 square feet(RCX-10)for 1 acre of land. b) Statement of objectives and reasons for the request: The applicants are requesting the change of zone to allow the construction of a new 2,280 square foot restaurant. The applicants have a son who is a chef and they would like to help him fulfill his dream of having his own restaurant. The restaurant will be open for breakfast, lunch and dinner, six days a week from 6 a.m. to 9 p.m. It is anticipated that the restaurant will have eight employees in addition to the owner. c) Timeframe and cost: The applicants are currently obtaining a demolition permit to demolish the unoccupied single family dwelling and intend to commence construction of the restaurant as quickly as possible following the approval of the change of zone. The estimated cost of developing the restaurant is $220,000. d) Traffic impacts: No specific Traffic Impact Analysis Report(TIAR)was prepared for the subject application. The subject property is fronted by Kilauea Avenue which is a major collector road that extends from downtown Hilo to the Waiakea Homesteads. At the project site,Kilauea Avenue has two travel lanes and a center turning lane. Existing traffic volumes are high due in part to the proximity of major shopping areas including the Puainako Town Center, KTA Shopping Center and the Prince Kuhio Plaza. The proposed 2,280 square foot restaurant will not add significant traffic to existing volumes in the area. 1 B) CONFORMANCE WITH STATE/COUNTY PLANS 1) State Land Use designation: The subject property is situated within the State Land Use Urban district. 2) Coastal Zone Management: The subject application is not contrary to the policies and objectives of Chapter 205A,the Coastal Zone Management Program. The subject property is not a shorefront parcel and is located over 2 miles from the nearest coastline. The application will have no effect on public access to the shoreline, will not significantly impact scenic resources and will not have any effect on coastal ecosystems. 3) Hawaii State Plan: The Hawaii State Plan serves as a guide for the growth and future long-range development of the State. Chapter 226, Hawaii Revised Statutes provides the following long term goals and policies of the Hawaii State Plan: • A strong,viable economy characterized by stability, diversity and growth that enables the fulfillment of the needs and expectations of Hawaii's present and future generations. • A desired physical environment characterized by beauty, cleanliness, quiet, stable 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 in Hawaii, that nourishes a sense of community responsibility, of caring, and of participation in community life. • Encourage urban growth primarily to existing urban areas where adequate public facilities are already available or can be provided with reasonable public expenditures, and away from areas where other important benefits are present, such as protection of important agricultural land or preservation of lifestyles. The subject application is in general conformance with the goals and policies of the Hawaii State Plan. If approved,the proposed change of zone request will allow parents to facilitate the dreams of their son to run his own restaurant. The construction of a new 2,280 square foot restaurant will enhance the economic viability of the area and will be an economic asset to the community. 4) Applicable goals/policies and objectives of the General Plan: The proposed project is consistent with the following goals,policies, and objectives of the General Plan. Economic Element • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawaii. 2 • " Strive for diversity and stability in its economic system. • Provide an economic environment that allows new,expanded, or improved economic opportunities that are compatible with the County's cultural,natural and social environment. • Strive for an economic climate that provides its residents an opportunity for the choice of occupation. • Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. Land Use Element • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community,region and County. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Zoning requests shall be reviewed with respect to General Plan designation, district goals,regional plans, State Land Use District, compatibility with adjacent zoned uses,availability of public services and utilities, access and public need. Land Use—Commercial Development • Provide for commercial developments that maximize convenience to users. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities and neighborhoods. • The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. • Commercial facilities shall be developed in areas adequately served by necessary services, such as water,utilities, and transportation systems. 5) General Plan designation: The proposed change of zone request conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG)Map which designates the area for Medium Density Urban Development. 5) Zoning: The zoning designation for the subject property is Single Family Residential ten thousand square feet(RS-10). Properties adjacent and to the south and east 3 Puainako Town Center) of the subject property are zoned Neighborhood Commercial ten thousand(CN-10). Parcels to the north and west are zoned Single Family Residential ten thousand(RS-10). 6) Community Development Plan: The Hilo Community Development Plan(CDP), adopted in 1975,reflects the property as existing residential use. The subject application is in general conformance with the goals,policies and implementing actions of the Hilo CDP. The applicants intend to continue utilizing the property for residential use with three existing single family dwellings on the property. The requested Residential-Commercial Mixed Use zoning designation is appropriate because the surrounding area adjacent to the Puainako Town Center, while still maintaining elements of the old residential neighborhood, is reflecting a further expansion of commercial uses. 7) Special Management Area (SMA): The subject property is not situated within the SMA boundary. C. PHYSICAL CHARACTERISTICS AND ENVIRONMENTAL SETTING OF THE PROPERTY AND SURROUNDING AREA 1) Description of the subject property: The subject property is situated on the east side of Kilauea Ave., approximately 180 feet north of the Kilauea Ave.—Kahaopea Street intersection, Waiakea, South Hilo, Island of Hawaii, Tax Map Key No. (3)2-2- 040: 004. The subject property is a 1 acre parcel which has been developed with four single family dwelling units currently on the property. The first dwelling was constructed in 1944 and the most recent one was constructed in 1992. The oldest dwelling is unoccupied and in dilapidated condition. The applicants intend to demolish the unoccupied dwelling to construct a new 2,280 square foot restaurant. The remaining three dwellings will be retained for residential use and are currently occupied by the applicants and other family members. 2) Lava and Earthquake Hazard Zones: The volcanic hazard as assessed by the United States Geological Survey for the project area is "3" on a scale of ascending risks 9 to 1 (Heliker 1990). Zone "3" encompasses the entire city of Hilo and is not adjacent to or immediately downslope of active rift zones. The Building Code designates the entire Island of Hawaii in Earthquake Zone 3 and contains certain structural requirements to address the relative seismic hazards. 3) Distance from the coastline: The coastline is situated more than 2 miles north of the subject property. 4) Agricultural Lands of Importance to the State of Hawaii(ALISH) designation: The subject property is in an urban area and is not classified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system. 5) U.S.D.A. Natural Resources Conservation Services Soil Service Report soil type: The soils of the project area are classified as being of the Ola'a series (OID)which is extremely stony silty clay loam with 0 to 20% slopes. This soil has a very dark brown extremely stony silty clay loam surface layer approximately nine inches thick 4 and is underlain by A'a lava. Permeability is rapid,runoff is slow, and the erosion hazard is slight. (U.S. Soil Conservation Service 1973) 6) Land Study Bureau soil rating: The Land Study Bureau does not have an overall master productivity rating for the property. The site is designated"Urban"with no soil classification. 7) Existing drainage ways or improvements: The subject property is relatively flat and there are no existing drainage ways or improvements on the property. The Flood Insurance Rate Map shows the property in zone X which has been determined to be outside of the 500 year flood plain. 8) Air/noise/water quality: The air quality of the subject property is primarily affected by pollutants derived from the volcanic emissions from the ongoing Kilauea eruption. Other sources of air pollution affecting the project site are vehicle exhaust emissions from adjacent roads. In general,however,the ambient air quality of the project area meets all federal and state standards as evidenced by its designation as an "attainment"area by the State Department of Health, Clean Air Branch. Existing noise levels in the vicinity of the subject property are typical of a mixed residential and commercial area with traffic along Kilauea Avenue and the adjacent Puainako Town Center being the primary noise generators. Based on general observations at the project site,the site is not subject to current or projected noise levels that exceed 65 DNL(day-night average sound level,in decibels). The closest water body to the project area is the Pacific Ocean,more than 2 miles north of the project site. As such,the proposed change of zone is not anticipated to have any impact on water quality. 9) Existing archaeological, cultural or historic sites on National Register or Hawaii Register: A letter dated April 26,2016 was transmitted to Mr.Alan Downer, Administrator of the State Historic Preservation Division(SHPD)requesting a"no historic properties affected"determination from his agency. The letter indicates that the property has been extensively altered by heavy machinery when it was cleared and graded for the construction of four single family dwellings. No response has been received from SHPD to date. The entire letter to SHPD is included as an attachment to the application. 10)Existing floral/faunal resources (any native or exotic plants; any listed or candidate for endangered species): The entire parcel has been previously cleared and graded with the construction of four single family dwellings. Due to this history of intensive use,the property does not contain any habitat for federal or state listed, candidate or proposed threatened or endangered plant or animal species. 11) Scenic or coastal resources: The predominant scenic views in the vicinity of the project area are of Mauna Loa and Mauna Kea. These views will not be adversely affected by the proposed rezoning. There are no coastal resources in the immediate vicinity of the subject property. 12)Valued Cultural Resources: It is unlikely that there are any traditional and customary native Hawaiian rights exercised in the area as it has been in single family residential use for more than 70 years. 5 13) Public Access: There is no existing public access to and along the shoreline or to mountain areas through or proximate to the subject property. 14) Social settlement pattern for the area: The project area is situated in a block bounded by Kilauea Avenue,Kahaopea Street and Puainako Street. At one time the area was primarily residential in nature but has been transitioning to commercial uses since the 1970s. The block contains two major commercial centers,the adjacent Puainako Town Center and the KTA Commercial Center. In addition to single family residential use,there are a number of other commercial uses fronting on Kilauea Avenue in the immediate area. 13) Economic resources of the area: The project area is in close proximity to the Kanoelehua Industrial Subdivision, the Prince Kuhio Plaza, KTA Commercial Center and the Puainako Town Center. Other major economic resources in close proximity include the Hilo International Airport and the Port of Hilo, both of which are within three miles of the subject property. 14)Land values: According to the Hawaii County Real Property Tax Website,the assessed market value of the surrounding parcels that are zoned RS-10 is approximately$280,000/acre while the CN-10 zoned parcels are approximately $600,000/acre. 15) Land Use and Zoning of Surrounding Lands: The State Land Use designation of all surrounding properties is Urban. The zoning designation to the north and west is RS-10. The zoning designation to the south and east is CN-10. D) PUBLIC FACILITIES AND SERVICES 1) Description of access: Access to the subject property is provided by Kilauea Avenue which is classified as a secondary arterial that extends from downtown Hilo to the Waiakea Homesteads. The section of Kilauea Avenue fronting the subject property has a 60 foot wide right-of-way with three lanes. The middle lane is a dedicated left/right turning lane. The City of Hilo Zone Map and the General Plan Facilities Map reflect that Kilauea Avenue is planned to be widened to an 80-foot wide right- of-way. 2) Availability of water: The subject property is currently served from an existing waterline along Kilauea Avenue. 3) Sewage disposal: There are no sewer lines along Kilauea Avenue. The proposed restaurant will be served by a septic system. 4) Solid waste: There is no municipal collection system for solid waste in the County of Hawaii. Solid waste generated by the proposed project will be disposed at appropriate sites designated by the Department of Environmental Management. 5) Police and fire protection: The police and fire stations are situated approximately 1.6 miles west of the subject property. 6) Schools: The project area is served by the Waiakea Elementary, Intermediate and High School complexes situated less than a mile from the subject property. 6 7) Parks: Recreational facilities in the vicinity include Andrews Gym,ball fields at Waiakeawaena Elementary School, and the Hilo Municipal Golf Course. 8) Other utilities and services (telephone/electricity): The subject property is served by electrical and telephone lines along Kilauea Avenue. E) ENVIRONMENTAL ASSESSMENT AND ANALYSIS 1) Relationship between local short term uses of environment and maintenance and enhancement of long term productivity: The project area has been previously cleared, graded and developed to construct four single family dwellings and has been in residential use for over 70 years. Adjacent properties have been utilized for commercial uses for over 30 year. As such, approval of the subject change of zone application for a Commercial Mixed Use zoning designation will be consistent with the existing uses of the subject property and surrounding area. 2) Mitigative measures proposed to avoid,minimize,rectify or reduce impact: Impacts resulting from the proposed change of zone are expected to be minimal. 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F. „ . •eXISTING 11,\ I li fZ (/I, = CESSPOOL V , _ imi III L.-....1 .1 -13 N.. _ 47' 1 i_a �� -1 n n n n \ n / L I � A 1 ' m PLANTER II 1— lJi PLANTER II m Q Y n 14' I 0 Q \ \F 2 \ \ 180.00' E----TO P)AINAKO ST. ICI LAUEA AVENUE TO KAHAOPEA ST.--> --) R 101 SEI N S '11 T ca,F 11 R .i t • Sii ii i( li • & C L tS 2155 KILAUEA AVENUE • HILO, HAWAI'I 96720 TN[K: 2-2--040: 004 LOT#2 PROJECT PE%GRIPT!ON TOTAL AREA:.a a a a a a a.D0.45,560 SQ. FT./ 1.00 AGS. ZONING: ,,,,00,00,,,,,,, (RS) RESIDENTIAL, SINGLE—I-AMILY TMK:aamaaaaaaaaaaaaaaa (5) 2-4-040: 004 LOT#aaaa.,aaaaoaaaa0000aa 2 111111111"911111111111 • 11111111111J1111111 SITE PLAN SCALE: I" = I'-0" ?ills flue q PP) '3 93 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII ?�Ati� iil .{ :?1.''"1iT►'I1=NT HILO, HAWAII COUNTY OF HAWAII DATE: August 5, 2015 • /4e0It TO: Duane Kanuha, Planning Director FROM: elvv Department of Public Works, Engineering Division SUBJECT: CHANGE OF ZONE APPLICATION (REZ 16-000208) Applicant: Robert and Carol Oshiro Request: RS-10 to RCX-10 Tax Map Key: 2-2-40: 004 We have reviewed the subject application forwarded by your memo dated July 7,2016 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 parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. The Zoning Map (Ordinance No. 187) classifies Kilauea Avenue as a secondary arterial with an existing right-of-way width of 60 feet and a proposed right-of-way width of 80 feet. Based on the proposed zoning,we recommend the applicant provide improvements to the subject property's entire Kilauea Avenue frontage consisting of, but not limited to, pavement widening with concrete curb,gutter and sidewalk,drainage improvements,and any required utility relocation, meeting the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. The improvements shall be located within the future road widening setback established by the Planning Department. Install streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. Questions may be referred to Kelly Gomes at ext. 8327. 106956 Planning Dept. Exhibit 3 County of Hawaii is an Equal Opportunity Provider and Employer Kay, Christian From: Gomes, Kelly Sent: Friday, September 09, 2016 10:31 AM To: Kay, Christian Subject REZ 16-000208(Oshiro)2-2-040-004 Christian, The proposed parking as shown within the application is unsafe as vehicles will be required to back up into Kilauea Avenue. Reference: Chapter 25, Zoning, of the Hawaii County Code, Section 25-4-54. Parking shall be arranged such that each parking space must be reached from an on-site access driveway of proper design and width to allow for the passage of vehicles and necessary turning movements. Vehicles should not be allowed to backup into Kilauea Avenue. Kelly Planning Dept. Exhibit 3 1 =H N • DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 345 KEKOANAO'A STREET, SUITE 20 • HILO, HAWAI'I 96720 osyuytt TELEPHONE (808) 961-8050 • FAX (808) 961-8657 July 22,2016 m C? c TO: Mr. Duane Kanuha,Director c : r-- Planning Department .e ;� ry FROM: Keith K.Okamoto,Manager—Chief Engineer C 3 SUBJECT: Change of Zone Application(REZ 16-000208) Applicant: Robert S.and Carol Oshiro ;. Request: RS-10 to RCX-10 crt Tax Map Key 2-2-040:004 We have reviewed the subject application and have the following comments and conditions. Water can be made available from an existing 10-inch waterline within Kilauea Avenue which fronts the subject parcel in accordance with the Department's existing water availability conditions,which are subject to change without notice. The parcel is currently served by two(2)existing 5/8-inch meters(Account No. 120-26800 and 120-26804). Please be informed that one(1)unit of water,or one(1)5/8-inch meter is limited to an average daily usage of 400 gallons. Each unit of water is equal to an average of 400 gallons per day,which is suitable for only one single-family dwelling. The existing meter shall not be shared with the other proposed lots;and the water system piping between the lots shall not be interconnected in any way. The Department has no objection to the proposed application subject to the applicant understanding and accepting the following conditions: 1. The Department requests that the applicant submit estimated maximum daily water usage calculations for the proposed use,prepared by a professional engineer licensed in the State of Hawaii,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. 2. 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. Planning Dept. . . • Water, Our MostPrecious source. . . WaiA ?(fine. . . 1.06682 The Department of Water Supply is an Equal Opportunity provider and employer. Exhibit. 4 Mr.Duane Kanuha,Director Page 2 July 22,2016 3. Subject to other agencies'requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development,the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities,should they be necessary. Please be informed that the existing 10-inch waterline within Kilauea Avenue fronting the project site is adequate to provide the required 2,000 gallons per minute flow for fire protection,as per the Department's Water System Standards. However,the nearest fire hydrant is located 200 feet from the subject property which does not meet the required 150 feet. The Department recommends that the applicant contact the Fire Department for any fire protection requirements. Should there be any questions,please contact Mr.Troy Samura of our Water Resources and Planning Branch at 961-8070,extension 255, Sincerely yours, " Ceith K.Okamoto,P.E. Manager—Chief Engineer TS:dfg copy— Mr.Brian T.Nishimura,Planning Consultant Mr.Robert S.and Ms.Carol Oshiro William P.Kenai ' ''�'f,,' Darren J.Rosario Mayor the chief • Renwick J.Victorino 4:4.. ie;'r` : Deputy he Chief Qountp of jipatuaiii HAWAII FIRE DEPARTMENT 25 Aupual Street•Suite 2501•Into,Hamel 96720 (808)932-2900•Fax(808)932-2928 J July 25,2016 O S c ` 0) TO: DUANE K:ANUHA,PLANNING DIRECTOR7-7 FROM: DARKEN J.ROSARIO,FIRE CHIEF . rI SUBJECT: Change of Zone Application(REZ 16-000208) -z-� cxza Applicant: Robert S.and Carol Oshiro Request: RS-10 to RCX-10 Tax Map Key:2-2-040:004 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 Hawaiti 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. 10 6 7 0 4 1°s0, Haami'i County is an Equal Opportunity Provider and Employer. Exhibit,..., Duane Kanuha July 25,2016 Page 2 C�18.1.1.2.1 Fire Hydrant use and Restrictions.No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department,or company that owns or governs that water supply or system. Exception:Fire Department personnel conducting firefighting operations,hydrant testing,and/or maintenance,and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2* Access to Structures or Areas. 18.2.2.1 Access Box(es).The AHJ shall have the authority to require an access box(es)to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments.The AHJ shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access Maintenance.The owner or occupant of a structure or area,with required fire department access as specified in 18.2.2.1 or 18.2.2.2,shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads.(*may be referred as FDAR) 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility,building, or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways,fire lanes,parking lots lanes, or a combination thereof. 18.2.3.1.3*When not more than two one-and two-family dwellings or private garages,carports, sheds,agricultural buildings,and detached buildings or structures 400ft2(37 m2)or less are present,the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. Duane Kanuha July 25,2016 Page 3 18.2.3.1.4 When fire department access roads cannot be installed due to location on property, topography,waterways,nonnegotiable grades,or other similar conditions,the AHJ shall be authorized to require additional fire protection features. 18.2.3.2 Access to Building. 18.2.3.2.1 A fire department access road shall extend to within in 50 ft(15 m)of at least one exterior door that can be opened from the outside that provides access to the interior of the building.Exception: 1 and 2 single-family dwellings. 18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D,or NFPA 13R,the distance in 18.2.3.2.1 shall be permitted to be increased to 300 feet. 18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft (46 m)from fire department access roads as measured by an approved route around the exterior of the building or facility. 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13,NFPA 13D,or NFPA 13R,the distance in 18.2.3.2.2 shall be permitted to be increased to 450 ft(1 37 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 25,2016 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. WIIISMOWSWAliorkiesi • • Duane Kanuha July 25,2016 Page 5 18.23.4.7 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 25,2016 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 25,2016 Page 7 183.7 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 25,2016 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 25,2016 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 DAVID Y.IGE ,,- VIRGINIA PRESSLER,M.D. GOVERNOR OF HAWAII AP 05D 055 4. DIRECTOR OF HEALTH l it ly P19 2 1`� �Ii\f;i; 'J• ; TIENT ,COl tNNt' OF HAWAII STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721-0916 MEMORANDUM DATE: July 13,2016 TO: Mr.Duane Kanuha Planning Director,County of Hawaii FROM: Eric Honda a District Environmental Health Program Chief SUBJECT: Change of Zone Application(REZ-16-000208) Applicant: Robert S.and Carol Oshiro Request: RS-10 to RCX-10 TMK: 2-2-040:004 The proposed restaurant needs to meet the requirements of Chapter 50,Food Safety Code. Please call our office(Ph.933-0917)for consultation and additional information. The construction of a new individual wastewater system on the property is not allowed as there is insufficient land area to serve both the existing and proposed wastewater systems. • REZ-1 6-000208.eh 106483 Planning Dept. LxhibitjQ___ DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION To: Land Division Ref: REZ 16-000208;Request RS-10 to RCX-10,Hilo,Island of 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/SyCHA HIEF ENGINEER Date: Planning Dept. Exhibit, 7 SUZANNE O.GSE 4IAMPFIL9Q7 ,F OF HtMAIMS fANDAIORANML RESOURCES GODERN�OR OFAWAII 4 Y.I �•\ � '= :SL ?8 PM 4 1 COMISSION47 WATER RESOURCE MANAGEMENT' I KEROA KALUREWA RSTESPUEY t / 'I• ^� \RTMENT JEMMY T.PETERSON iNIt Ui- gyp Al{ EFPUTYUIXECIOR.WATER E3 rM4110 "tik x , .s„t" BOAIINOwOCEAN REG BUREAU OFCWYEYKU COM ISSIONONWATER WOURCEJMNAGEMDIT STATE OF HAWAII IVONSEIMMUANDMOUNCBENFEINCEMENT IMENEERDIG FORESTRYAND WIIDLEE jtattofKO° DEPARTMENT OF LAND AND NATURAL RESOURCES I65TORIC}RESETIYATION [AN04AWE JORESER ECILR10SSKN IAN. STATE HISTORIC PRESERVATION DIVISION STATE YAMS KAKUHIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 July 18,2016 Brian T.Nishimura,Planning Consultant Log No. 2016.0I031 101 Pauahi Street,Suite 217 Doc.No. 1607SN14 Hilo,HI 96720 Archaeology Dear Mr.Nishimura: SUBJECT: Chapter 6E-42 Historic Preservation Review— Request for a"No Effect"Determination WalAkea Ahupua'a,South Hilo District,Island of Hawaii TMK:(3)2-2-040:004 Thank you for the opportunity to review this request for a"no effect"determination on behalf of your clients,Robert and Carol Oshiro.This request was received by SHPD on April 29,2016;we apologize for the delayed review.This request is in advance of a submission to the County of Hawaii for a Change of Zone application for the subject parcel involving a change from Single Family Residential 10,000 sq.ft.(RS-10)to Residential-Commercial Mixed Use 10,000 sq.ft.(RCX-10). The parcel totals 0.855 acres. According to the submittal,once the applicants get approval for the change of zoning,they intend to demolish a single family dwelling on the parcel to construct a new 2,800 sq.ft.restaurant. Three other residential dwellings will remain on the parcel. A review of SHPD records indicates that no archaeological inventory survey (AIS) has been conducted for the project parcel. Aerial photos confirm that the area has been subjected to previous grading which has significantly altered the land. Based on current information, SHPD's determination is no historic properties affected for the proposed demolition of the dwelling and construction of the restaurant. In the unlikely event that historic properties such as lava tube openings, concentrations of artifacts, structural remains or human skeletal remains are found during construction activities please cease work in the immediate vicinity of the find,protect the find from additional disturbance,and contact the State Historic Preservation Division at(808)933-7651. Please contact Sean Naleimaile at(808)933-7653 or at Sean.P.Naleimaile@hawaii.eov if you have any questions or concerns regarding this letter. Aloha, 3.4 etAr\ A • Wtro Susan A.Lebo,PhD Archaeology Branch Chief Planning Dept. 106756 Exhibit, b ROshiroREZ.crk09.12.16 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION ROBERT S.AND CAROL OSHIRO CHANGE OF ZONE APPLICATION (REZ 16-000208) 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 of zone from a district from Single-Family Residential-10,000 square feet (RS-10)to a Neighborhood Commercial-10,000 square foot(CN-l0) zoning district for approximately one(1) acres of land.in order to allow the construction of a new 2,280 square foot restaurant. The applicants have a son who is a chef and they would like to help him fulfill his dream of having his own restaurant. The restaurant will be open for breakfast, lunch and dinner, six days a week from 6 a.m. to 9 p.m. It is anticipated that the restaurant will have eight employees in addition to the owner. On-site parking and landscaping would be provided as required by the Zoning Code. 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 CN-10 zoning district conforms to applicable goals, policies and standards of the General Plan. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals,policies, standards and courses of action to accommodate growth without congestion,to designate and preserve the lands needed for residential use, commercial and visitor services,industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The 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 CN-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 elements, Economic, and Transportation elements: LAND USE—GENERAL • Zone urban- and rural-types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. LAND USE—COMMERCIAL • Provide for commercial developments that maximize convenience to users. • Encourage the concentration of commercial uses within and surrounding a central core area. -2- • Require developers to provide basic infrastructure necessary for development. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities,and neighborhoods. ■ The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. • 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. ECONOMIC • Strive for an economic climate that provides its residents an opportunity for the choice of occupation. ■ Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. TRANSPORTATION -ROADWAYS • Widen and provide curb, gutter and sidewalk improvements along Kilauea Avenue from Haihai Street to Ponahawai Street. The State Land Use designation for the subject property is Urban. The property is designated Urban by the Land Study Bureau's Productivity Rating. The Hilo Community Development Plan(CDP), adopted in 1975, suggests residential uses in this area. However,this area is transitioning to higher density commercial type uses consistent with the more recently adopted land use plans like the General Plan. The proposed change of zone would complement the commercial land uses that already exist in this area and will provide for an orderly development of the area. Parcels adjacent to the north and across Kilauea Avenue to the west are zoned Single-Family Residential (RS-10) and primarily consist of single-family residential uses. -3- The properties adjacent to the south and east of the subject property are zoned Neighborhood Commercial (CN-10) and consist of a parking lot to the south and the Puainako Town Center commercial area consisting of retail shops,grocery stores,and restaurants. Thus,the applicant's request is consistent with surrounding land uses and zoning. All essential utilities and services are available to the site. Access to the property is from Kilauea Avenue, a County-owned and maintained roadway with a pavement width of approximately 35 feet within an existing 60-foot wide right-of-way with three lanes, with the middle lane as a dedicated left/right turning lane. The City of Hilo Zone Map and the General Plan Facilities Map reflect that Kilauea Avenue is planned to be widened to an 80- foot wide right-of-way. The Department of Public Works recommends the applicant provide improvements to the subject property's entire Kilauea Avenue frontage consisting of,but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation, meeting the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. The applicant will also be required to install any streetlights and traffic control devices that may be required by the Traffic Division,Department of Public Works. The applicant shall be responsible for the design, purchase, and installation of such devices. DPW further noted that the site plan submitted with this change of zone application is inconsistent with the zoning code in that include the parking layout which would force some vehicles to back out onto Kilauea Avenue. In order to provide these facilities, additional right-of-way will be needed. Therefore, the Department recommends that the future road widening strip and road frontage improvements be required as a condition of approval for the change of zone. According to the Institute of Transportation Engineers Trip Generation Manual, a 2,280 square foot High Turnover (Sit-Down) Restaurant would generate about 43 trips during the a.m. and p.m. peak hour periods. This does not trigger the need for a Traffic Impact Analysis Report (TIAR), however, to be consistent with the concurrency requirements of the Zoning Code, a condition of approval will require submittal of a -4- TIAR should a different land use be 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. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. County water can be made available from a 10-inch waterline within Kilauea Avenue. The subject property is currently served by two (2), 5/8-inch meters that is limited to an average daily usage of 400 gallons. As three(3) single-family dwellings will remain on the property, the applicant will be responsible for obtaining an additional water meter for the third dwelling as well as a separate water meter for the proposed restaurant. The existing 10-inch waterline within Kilauea Avenue fronting the project site is adequate to provide the required 2,000 gallons per minute flow for fire protection, however, the nearest fire hydrant is located 200 feet from the subject property which does not meet the required 150 foot standard of the Fire Department. The Department of Water Supply will determine the appropriate service lateral and meter size required once the applicant provides estimated maximum daily water usage calculations for the proposed use and the applicants will be required to install reduced pressure type backflow prevention assembly and any other improvements that may be required by DWS. There is no County sewer in the area. Thus, an individual wastewater system, such as a septic system, will need to be installed to service the proposed restaurant. 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 Hilo landfill. Electrical and telephone services are available to the property. Police and fire services and medical services are available nearby in Hilo. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The subject parcel is over two (2) miles from the nearest shoreline and is outside of the SMA. There is no record of a designated -5- public access to the shoreline or mountain areas that traverses the site. According to the applicant, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. In a letter dated July 18, 2016, the DLNR State Historic preservation Division determined that the proposed rezone, demolition of a dwelling, and construction of a restaurant would have no effect to historic properties due to previous grading/grubbing on the parcel. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area and no action is necessary to protect these rights. 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 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 Neighborhood Commercial - 10,000 square feet (CN-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 25-8-33 (City of Hilo 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. -6- ,•�VoiN I ` .. 4 • • COUNTY OF HAWAII •:��! '��.� STATE OF HAWAII BILI, O. ORDINANCE NO. PIANNININ AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET(RS-10) TO NEIGHBORHOOD COMMERCIAL— 10,000 SQUARE FEET(CN-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-040:004. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Section 25-8-33,Article 8, Chapter 25 (Zoning Code)of the Hawai`i County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Neighborhood Commercial— 10,000 square feet(CN-10): Beginning at the northwest corner of this parcel of land and on the east side of Kilauea Avenue,the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALA`I" being 9,367.25 feet South and 9,845.83 feet East and running by azimuths measured clockwise from True South: 1. 2650 40' 242.00 feet along Lots A and B,being a portion of Grant 10442 to Antoni F. Martin; 2. 355° 40' 180.00 feet along Lot A-1,being a portion of Grant 10551 to Edward Kazuo Fujimoto; 3. 85° 40' 242.00 feet along Lot A-i, being a portion of Grant 10551 to Edward Kazuo Fujimoto; -1- 4. 175° 40' 180.00 feet along the east side of Kilauea Avenue to the point of beginning and containing an area of 1.000 acre. 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 may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -2- 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- RS-10 R5-10 R5-10 R5-10 a_. . _ RS-10 R5-10 9.f345.b5 t 1-IALA'1" RS-10 RS-10 CN-10 r SINGLE FAMILY RESIDENTIAL-10,000 SQUARE FEET(RS-10)TO NEIGHBORHOOD COMMERCIAL-10,000 SQUARE FEET(CN-10) 1.000 ACRE RS-10 "' N E KAHAOPEA ST W KAHAOPEA ST RS 10 R5-10 RS-10 R5-10 Feet 0 100 200 300 400 500 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL - 10,000 SQUARE FEET (CN-10) AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY: TM K:(3)2-2-040:004 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:September 7,2016 EXHIBIT "A" Oshiro Mao: 1379 COshiroREZ.crk09.12.16 ROBERT S. AND CAROL OSHIRO CHANGE OF ZONE APPLICATION (REZ 16-000208) CONDITIONS OF APPROVAL A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Construction of the proposed development, as substantially represented by the applicant, or as permitted by the zoning district classification, shall be completed within five(5) years from the effective date of this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawai`i County Code. Plans shall identify all proposed structure(s),paved driveway access and parking stalls associated with the proposed development,with the appropriate yard setbacks taken from road widening as specified in Condition G. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) standards for CN zones adjoining an RS zone. C. Prior to the issuance of a water commitment by the Department of Water Supply(DWS), the applicant shall submit the anticipated maximum daily water usage calculations for all water uses on the property as prepared by a professional engineer licensed in the State of Hawai`i to the DWS. A water commitment deposit shall be paid to the DWS within 180 days from the effective date of this ordinance in accordance with Rule 5 of the Department of Water Supply's Rules and Regulations. The applicant is responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. D. Based on the water usage calculations , the applicant shall install all improvements deemed necessary by the Department of Water Supply. 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 Kilauea Avenue. F. 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 Kilauea Avenue that may be deemed necessary by the Department of Public Works. G. A ten(10) foot wide future road widening strip along the property's Kilauea Avenue frontage shall be subdivided and dedicated, at no cost to the County,prior to the issuance of a Certificate of Occupancy for any commercial use on the subject property. The applicant shall provide improvements to the property's frontage along Kilauea Avenue consisting of,but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements and any required utility relocation,meeting the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. The improvements shall be located within the future road widening strip. These improvements shall be completed prior to issuance of a Certificate of Occupancy for any commercial use on the property or when required by the Department of Public Works, whichever occurs first. H. Driveway connection(s)to the Kilauea Avenue shall conform to Chapter 22, County Streets, of the Hawaii County Code. The applicant shall be responsible for the design,purchase, and installation of streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. J. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared by a licensed civil engineer and submitted to the Planning Department prior to Final Plan Approval. Any recommended drainage improvements, if required, shall be constructed meeting with the -2- approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. K. The method of sewage disposal shall meet with the requirements of the State 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 unit shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance,based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of$8,754.58 per multiple family residential unit ($13,672.20 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: • $4,318.39 per multiple family residential unit ($6,608.08 per single family residential unit) to the County to support park and recreational improvements and facilities; • $136.48 per multiple family residential unit ($317.37 per single family residential unit) to the County to support police facilities; -3- • $419.84 per multiple family residential unit($626.84 per single family residential unit) to the County to support fire facilities; • $187.12 per multiple family residential unit($274.44 per single family residential unit) to the County to support solid waste facilities;and • $3,692.75 per multiple family residential unit($5,845.47 per single family residential unit)to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicants, 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. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawai`i County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Plan Approval. P. The applicant, successors or assigns shall comply with all applicable County, State and Federal laws,rules, regulations and requirements. Q. 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. -4- 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension 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. R. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. -5- CO O N O O O O � IY.. COO QN ,,6U ,- d LU • Z V) o N OO �„U � W CI°O .t ce. 0 1s NV4MWHod ' ' _ 1-t L L / 1 _ AL- T-111-1Th Ill 1111 �, -1S yI�NV I Vtil1 _ 111`` 1 �.. is - A '---J-". 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'•,. ...,:„,.......,,,-.4 ,.....:.,::, t + ,���csr.\ . 4Tai L Jy �+ 4' ,„,..-..„...,-,..',1,-...., _x . F ' i it ', r V, . ` • SITE PHOTOS 4 r R / w C / rnL. rn C O s,F 0 0 Z p , 1:;i,i , 0 2 •w n i\L , .. i ".:t MI ... r \' , : • • rn D ; D I \\\\: ' ,::_,,, ,, ; � .;7 W r T "V! y SITE PHOTOS -43 ___, -(51 r :: 0 z _ Z IT, )7=z; Z 0 0 O 2 Xi � G rn � O � fl7iJ 7z) 0 � xp Cr t/i z rn � n"r= 7z) rn T O 0 O Z7 rn rn rn ' Z Z , o v 9 N � � Fol O Z DIRECTOR 'S RECOMMENDAITON WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT OCTOBER 6, 2016 A regularly advertised hearing on the application of ROBERT & CAROL OSHIRO (REZ 16- 208) was called to order at 9:17 a.m. in the County of Hawaii 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 12 members from the public in attendance. APPLICANTS: ROBERT S. AND CAROL OSHIRO (REZ 16-208) Application for a Change of Zone from a Single-Family Residential-10,000 square foot (RS-l0) to a Neighborhood Commercial-10,000 square foot (CN-10) zoning district for approximately one (1) acre of land. The subject parcel is located on the east (makai) side of Kilauea Avenue, approximately 180 feet north of its intersection with East Kahaopea Street, Waiakea Homestead Houselots, Waiakea, South Hilo, Hawai`i TMK: 2-2-040:004. HENKEL: Okay, moving right along. The next is REZ 16-208, Robert S. and Carol Oshiro for a Change of Zone. Christian, I believe, is going to be doing the presentation again. KAY: Yes, thank you, Mr. Chair. We're going to be sticking around in the same parcel. Again, just for your reference, the subject 1-acre parcel outlined here in red is located in the Waiakea Homestead Houselots area of South Hilo. Just again, for reference, we've got Kilauea Avenue running generally north-south on the slide and Kahaopea Street running east-west. In the general vicinity, this is adjacent to the west of the Puainako Town Center commercial area, and we'll zoom in here a little bit closer to the subject parcel again—this time outlined in black. Kilauea Avenue running north-south; Kahaopea running east-west. The subject parcel is currently zoned Residential– 10,000 square feet as well as a significant amount of the parcels across Kilauea Avenue and Kahaopea. Again, adjacent to the east is at Puainako Town Center, and the zoning is Neighborhood Commercial– 10,000 square feet as indicated in the pink color. 1 The State Land Use Boundary designation for the subject parcel and surrounding area is Urban, and the General Plan Land Use Pattern Allocation Guide Map designation for the subject parcel is Medium Density Urban as indicated in orange. The High Density Urban is indicated in red, and that's again consistent with that Puainako Town Center area. And, in yellow, we've got a designation of Low Density Urban also in the vicinity. Here are two aerial photographs of the subject parcel. On the left, we've got the subject parcel outlined in red. You can see some of the surrounding uses again—the Puainako Town Center. Adjacent to the south is a parking lot, and then there's some residential use on the north of the parcel, and the majority of the use on the block is of the commercial nature. On the right zooming in, we've got the subject parcel again outlined in red. Kilauea Avenue running north-south through the slide. In the vicinity of the subject parcel, Kilauea is a three- lane road. We've got on the parcel four existing dwellings generally here toward Kilauea and then toward the back, a second, a third, and a fourth. The other structure here is a garage structure. The Applicant is proposing to demolish the dwelling closest to the street to accommodate a restaurant use. So, the Applicant is requesting a Change of Zone from Single Family Residential– 10,000 square foot zoning to Neighborhood Commercial– 10,000 square foot for a one-acre parcel in order to accommodate a 2,280-square foot restaurant. Here's the Applicant's site plan that was submitted with the application. Again, Kilauea Avenue running north-south. Again,just showing what we talked a little bit about before—the existing dwellings here. It doesn't show the existing dwelling but shows that the existing dwelling would be removed to make way for the restaurant generally located here. Access would be off of Kilauea Avenue, and parking would be generally toward the northwest portion of the parcel. Parking would come in here—cars would come in here and then turn around and exit back out onto Kilauea. Moving forward, we have site photos of the subject parcel. Little difficult to catch the entire parcel where I was standing, so I apologize for that but we have one-two-three of the existing dwellings showing on the parcel. This is the dwelling that is going to be demolished in order to accommodate the proposed restaurant. Access again would be off of Kilauea here into the driveway, and parking would be on either side. And, here's just some views of the subject parcel. Again, Kilauea Avenue looking north. This is more toward Hilo Town with the subject parcel on the right-hand side. And, then this is Kilauea Avenue looking south. Again, here's the subject parcel on the left, and this is looking more toward Puna. The Planning Director is recommending that we forward a favorable recommendation to the County Council for Rezone 16-208. With that, I'd be happy to answer any questions that the Commission may have. 2 HENKEL: Thank you, Christian. Commissioners, are there any questions for staff? Okay, thank you. Would the— CLARKSON: —Actually, I do have a question. HENKEL: Okay, go ahead Mr. Clarkson. CLARKSON: I can't remember. Was there any restriction on turning coming out of this parcel? KAY: No, Public Works didn't have any restrictions on—like right in, right out, or anything like that given the three lanes there, and the middle turn lane, so, we didn't— CLARKSON: —Well, I just noticed, though, in the photographs that there was no middle turn lane. It's, it's all crossed out there. KAY: The stripe here? CLARKSON: Yeah. KAY: Okay. Yeah, we didn't get any comment from Public Works restricting any access. CLARKSON: Thank you. KAY: Thank you. HENKEL: Any other questions of staff? KAY: Thank you. HENKEL: Will the Applicant or their representative please come forward? Hi again. Would you restate your name please for the record? NISHIMURA: Brian Nishimura. HENKEL: And, Mr. Nishimura, do you affirm or swear to tell the truth on this matter before the Planning Commission? NISHIMURA: Yes, I do. HENKEL: Okay, thank you. Proceed, please. NISHIMURA: I think the staff Background Report is, does cover the basics, and the Applicant is ready and willing to move forward with their project. In response to the Commissioner's question, there is in effect space there for the left-turn pocket. It's just, you know, it may be a matter of restriping because, in effect, there is three lanes there right now. 3 HENKEL: Okay, does any of the Commissioners have any questions for the Applicant? MIYASATO: Chair, I have a question. HENKEL: Yes. MIYASATO: Mr. Nishimura, have you had a chance or your client had a chance to review all the conditions, and are they all acceptable? NISHIMURA: Yes, they have. There is a concern about the roadway improvement requirements being required prior to issuance of certificate of occupancy because there are no other roadway widening or sidewalk improvements along that section of Kilauea Avenue. And, in fact, quite recently, the County Council allowed another applicant on the mauka side of Kilauea Avenue in the same block to defer those kinds of improvements until the County went in with a road widening project for the entire section of Kilauea Avenue so that the improvements could be done all at one time, and could be more efficiently managed. So, that's a concern, but you know, we understand Public Works' position, and they won't change their position regarding the recommendation that was made. So, you know, we'll see what happens with that. HENKEL: So, let me understand. Public Works doesn't have any opposition to the plan as it is, but they might have a long-range plan to improve that whole area of Kilauea Avenue? NISHIMURA: I'm not sure what their long-range plan is,but within the past year, like I said, the County Council allowed another property owner on Kilauea Avenue, who had a curb, gutter, sidewalk and road widening improvement condition on their rezoning, to defer those improvements, and in lieu of that to agree to pay their fair share of the cost of—the pro rata share of doing the improvements with the County of Hawaii. And, if—if that's possible, that's the option that my client would prefer to participate in. However, they realize that, you know, that may not be possible and so if required to do so, they are ready to make the improvements. HENKEL: Thank you. I think, I think we need to ask Corp. Counsel if—is it possible for us to add that condition that if, if it does happen in the future that the Applicant would pay a fair share. Is that appropriate, necessary? STEBBINS: I'm going to defer to the Planning Department. KAY: Thank you. Just to give you an idea, we were aware of the other condition language that the Council put in for the property across the street more toward the middle. When we make our conditions, we base them off of a number of things. Primarily, in this case, the commentary that we got from Public Works requiring curb, gutter, sidewalk improvements. 4 We also have in the Recommendation Report, there is in our General Plan a direction to widen and provide curb, gutter, and sidewalk improvements along Kilauea Avenue from Haihai Street to Ponahawai Street, so that's again kind of our purpose for putting those in with the understanding that the County Council has the authority to change or add a condition later on should they decide to do so. HENKEL: Okay, thank you. Mr. Clarkson? CLARKSON: I'm still somewhat confused about this whole thing. The Condition G requires the subdivision of ten feet. Dedication—it doesn't say who to dedicate to but presumably to the County, and then description of improvements. Is—do these improvements mean that for this, in front of the subject parcel, Kilauea will be improved to whatever its future improvement would look like? Are they going to basically widen Kilauea road? Put in sidewalk, curbs, and gutters? And so for however many hundred feet it is for this one acre parcel, Kilauea will be widened? KAY: If the improvements are done prior to occupancy, that's correct. NISHIMURA: And, I'd like to point out that it would be the only parcel that has that improvement currently in that block between Kahaopea Street and Puainako Street. You know, and that, in my mind, it presents an issue of safety because, you know, you're gonna have a short section of the road that's wider than every place else. HENKEL: So, to clarify in my mind, you're asking us to amend Condition G to—to defer that until the County widens the whole area or includes the whole area rather? NISHIMURA: That would be the Applicant's preference. And, again, you know, they are willing to pay their fair share, whatever the pro rata share is determined to be at the time that the County moves ahead with those improvements. HENKEL: Okay. CLARKSON: So, is this—is this a relatively new procedure? I mean, I'm aware of requiring setbacks. For example, there was a setback on the previous application from a prior activity so that no buildings or other improvements could encroach on an area that might be later condemned and—and by the County and made into a roadway surface. But, now, in this application, a condition is being made to actually improve the roadway to its final width rather than just allow for that possibility at a future date. KAY: That's correct, and this is consistent, again, with the Iida—with the other application that we heard before. We passed it out of this Planning Commission with that condition in place, and at Council, they decided to change it. We could at the—at the desire of the Commission come up with some language to try and send it up that way, but we're just again staying consistent with what we've done before. Again, based on what we heard, a commentary from Public Works and also given our requirements in our General Plan. HENKEL: Mr. Ikeda? 5 IKEDA: If I'm not mistaken, on the Iida property, didn't we deny the—we didn't approve it because of that one particular condition, and I believe the Director had put in the reason why we denied the, the rezone. KAY: Is that correct? Yeah? I believe this was yours? JACKSON: Yeah, when the Commission heard the Iida rezone, the Director and the Commission recommended an unfavorable recommendation, and then it went up to Council and there was some discussion of just modifying the condition to do some type of pro rata arrangement, and the Department worked with Council on fine tuning the language so that Public Works, Planning, and Council all agreed on this common language. In this particular case, Public Works didn't suggest that language. They didn't suggest using a pro rata share. They wanted—they recommended the improvements be in place prior to any commercial use on the property which has been consistent with past practice of Public Works and Planning for several years until the Iida situation. CLARKSON: Well, but the just the next previous case, the first parcel we talked about today, had simply a road widening strip subdivided and dedicated but with no requirements for improvements to be made. JACKSON: That's correct. So, for that case, that was similar to the Iida case, and the reason Public Works made that recommendation is because the right-of-way along Palma Village Road is very irregular and there's several encroachments and it's already a somewhat mish-mash situation for pedestrians. So, Public Works felt like it would be better not to widen and create more, you know, block widened areas with sidewalks and to do a comprehensive sidewalk improvement project it wants and then use that opportunity to determine the right-of-way that's needed. So, we just— CLARKSON: —Well, my question would be, wouldn't that same reasoning exactly apply to this case? Here, we're gonna have a roadway with the pedestrian walkway suddenly move to the right, well, depending on which direction you're going, move ten feet one way, go one block, and then move ten feet the other way, creating as you said a mish-mash of road widths. JACKSON: Yes, that is what would happen. So, as you suggested, an alternative would be to use that pro rata language that we used in Mr. Ogasawara's rezone if the Commission would like to do that or another thing that could be done if the Applicants are agreeable to this is for Condition F [sic], instead of saying, "A ten foot wide future road widening strip...shall be subdivided and dedicated, at no cost to the County, prior to [the] issuance of a Certificate of Occupancy," you could say something like"when requested by" or"when required by Department of Public Works." So,— KANUHA: Mr. Chairman? 6 HENKEL: Yes. KANUHA: There's actually two issues going on here, Joe. The—not this particular application—but the application that is being referenced as having the different condition from the Council. The issue there was whether or not commercial should keep expanding down along Kilauea. Okay, and that from a land use perspective, that was why the recommendation was for denial notwithstanding whatever improvements would have to be made either by the Department of Public Works on a comprehensive basis or on a case-by-case basis. In this situation, we are recommending approval because it's adjacent to a commercial area already. Okay? It's—and so, what has happened here is Public Works has, and we defer to their requirements or their recommendations, and for commercial properties, their standards are road widening to whatever the road widening, the right-of-way width will be, whether it's there or not, and then the actual improvements on the property. Waiakea House Lots is a good example. When you go a case-by-case basis in Waiakea House Lots, that condition to improve the property with curb, gutters, and sidewalks, what you have is you have projects that want to move ahead, go ahead and do the improvements, whereas other properties down the road, you know, don't have 'em. So, on the Iida case, we looked at that in terms of a long-term expansion of commercial of high dens—I mean, medium density uses along, along Kilauea. And, at the same time, there's a General Plan designation for Kilauea as a, for a certain right-of-way width. And, it was on that basis that the Council sent that application back for reconsideration. And, on that basis, Public Works recommended that instead of a case-by-case improvements on a parcel-by-parcel basis, right? Curb, gutter, sidewalks. We came back with saying eventually, Kilauea Avenue would be improved to the full right-of-way and so their recommendation at that time was that projects that come in for commercial along Kilauea, okay, would be required the same type of improvements as this one is, but that would be done on a pro rata basis when the County went in and did the improvements rather than on a case-by-case basis. In this particular case, I'm assuming because it's already next to a commercial zoned area, their recommendation came out different. Okay, it's the same as Iida was when it came through the Commission the first time. So, that's why I'm saying. There's two different issues here. So, I think it's up to the Commission this time. You've got some indication of where the Council maybe going with this, but for this particular application, all we have to go on is what Public Works has recommended to us for this specific application. Does that help? NISHIMURA: If I may make one more comment, the Puainako Town Center rezoned the adjacent parcel to the Oshiro's between Kahaopea Street and the Oshiro's property, and that has a commercial zoning. 7 But, they did not—the County did not require them to do curb, gutter, sidewalk and road widening improvements up front. So, even though that parcel is zoned commercial and is utilized as a parking lot for commercial purposes, that portion, their frontage between Kahaopea Street and the Oshiro property remains unimproved. HENKEL: Are there any more questions of the Applicant? Now, you know, we have the option of when we get to the portion where we make a motion for action, we can amend the conditions to, you know, reflect what we want them to say, right? So—in the discussion, you know, what would accompany the motion, but if there's no more questions for the Applicant, then I would say thank you, Mr. Nishimura. KANUHA: I have one question for the Applicant. HENKEL: Sorry, go ahead, Director. KANUHA: So, Brian, are you saying that, are you asking the Commission to consider the same language for the Iida rezoning as it relates to road widening improvements on a pro rata basis? NISHIMURA: That would be the Applicant's preference. If the Commission is willing to consider it, we would like to make that request, yes. KANUHA: Do we have that language, Christian? KAY: Yes, sir, Mr. Director, we do. KANUHA: Okay. HENKEL: Thank you. I have nobody signed up for public testimony so I'll look for a motion to close public testimony. MIYASATO: I make a motion to close public testimony. HENKEL: Second? CLARKSON: Did you second? HENKEL: No, I'm—I'm sorry. I'm looking for a second. CLARKSON: I second. HENKEL: All in favor? COMMISSIONERS: Aye. HENKEL: Opposed? Okay, public testimony is closed. So, I would look for a motion for action at this point. 8 CLARKSON: I would like to hear the language that's being referred to. KAY: Okay, thank you. This is under Condition G of that ordinance. The Applicant shall provide their pro rata share for the construction of full improvements to the entire property frontage along Kilauea Avenue consisting of, but not limited to, pavement widening with curb— or sorry—concrete curb, gutter, and sidewalk, drainage improvements, and any required utility relocation meeting with 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 become due and payable to the County of Hawaii within six 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 Kilauea Avenue in proximity to the subject property. HENKEL: Thank you, and I'm sorry, Mr. Nishimura, as the language, as you understand it, that would be okay with your client? NISHIMURA (from audience): Yes. HENKEL: Okay, then I'll look forward to a motion for action. CLARKSON: I'm sorry. I have one more question. HENKEL: Sure. CLARKSON: Was—was there a requirement for subdivision and dedication in addition to pro rata share or was there a setback or what, what about the land? KAY: Sure, the prior condition asked for a 10-foot wide future road widening strip to be subdivided and dedicated to the County. HENKEL: Thank you, Christian. KAY: Thank you. HENKEL: Is there a motion for action? CLARKSON: Do we have to move for an amendment of the conditions first? Make a motion— HENKEL: —I think you would include in the motion the amendment that you wish, and I think you could refer to it as read by the planner. CLARKSON: I move that a favorable recommendation be forwarded to the County Council on the application for Change of Zone, Docket No. REZ 16-208 based on the Planning Director's recommendation and filings as amended for Condition—F? 9 MIYASATO: G. CLARKSON: G? KAY: G. CLARKSON: As amended for Condition—as, for Condition G with the language, the pro rata language that we just heard from the Planning Department staff. HENKEL: Thank you. Is there a second to that motion? IKEDA: I'll second. KAY: If I may clarify just one thing, the Condition G that is in the proposed ordinance before you right now for Oshiro adds in that 10-foot future widening strip subdivided and dedicated to the County prior to Certificate of Occupancy, and then it goes into the provision of those improvements. Are—I don't want to—I'm just wondering, we're not—we don't want to replace that, the provision or the requirement of the 10-foot road widening strip to be dedicated, so are we just adding the contents of the language of Condition G after that? HENKEL: Right, instead of— CLARKSON: —That was my intention, yeah— HENKEL: —instead of on occupancy it would be pro rata. KAY: Well the— CLARKSON: —You know— KAY: —Pardon me, the provision of that 10-foot future road widening strip dedicated to the County, the language in this condition says prior to certificate of occupancy. The other language about doing the improvements is also prior to certificate of occupancy, but that's all on the same condition. CLARKSON: My intention in making the motion was that the subdivision and dedication language remain--only that the improvements be delayed until such time that Public Works wants to do the improvements at which time the Applicant would make their pro rata contribution to the improvements. NISHIMURA: That's acceptable. HENKEL: Yes, Mr. Nishimura? NISHIMURA: That's agreeable. 10 HENKEL: And that's how I understood it, the motion as well. KAY: Okay. HENKEL: Is there a second? IKEDA: I'll second. HENKEL: It's been moved by Commissioner Joseph and seconded by Mr.—Clarkson, I'm sorry—and second by Mr. Ikeda. Any discussion? Then, we'll do a roll call vote. KAY: May we have one moment, please? DARROW: Sorry, Mr. Chairman. We just want to make sure we get this subdivision action correct. What's happening is we're, we're going off three different ordinances. It's my understanding that currently, the most recent ordinance condition that addresses this is the Ogasawara application. Public Works, rather than having the, the 10-foot future road widening strip subdivided and dedicated to the County, before they ask for it, what that does is it puts the burden on the County to have to maintain that portion, so in this particular situation, it's prior to certificate of occupancy. In the Iida, it was within five years from the effective date. We'd like to make sure that we're consistent with the most recent, which would be upon request of the Department of Public Works, similar to the pro rata share. So, if we could make sure that language is consistent with the latest condition. HENKEL: Does that work for you, Mr. Clarkson? CLARKSON: Absolutely. HENKEL: And it was within six months of them demanding it, Public Works, right? DARROW: Correct. HENKEL: Okay. DARROW: Thank you. HENKEL: And that's—and that's okay with the Applicant? So, is there any discussion on the motion? Do we need to reread the motion? KAY: Yeah, we can do that. So, we're approving this recommendation with the amendments to Condition G to indicate a 10-foot future road widening strip along the property's Kilauea Avenue frontage shall be subdivided and dedicated at no cost to the County when required by the Department of Public Works. And then, we will add the condition language from the Iida ordinance which reads, "the applicant shall provide their pro rata share for the construction of full improvements to the entire property frontage along Kilauea Avenue consisting of, but not 11 limited to, pavement widening with concrete curb, gutter, and sidewalk, drainage improvements, and any required utility relocation meeting with the approval of the Department of Public Works. This pro rata share for roadway improvements specified in this condition shall be determined by the Department of Public Works and shall become due payable to the County of Hawaii within six 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 Kilauea Avenue in proximity to the subject property." HENKEL: Thank you. Would you do a roll call vote now? KAY: Thank you, Mr. Chair. HENKEL: Oh, I'm sorry, I'm sorry. Let's do discussion first. Is there any discussion? Okay, thanks. KAY: Thank you, Mr. Chair. Commissioner Clarkson? CLARKSON: Aye. KAY: Commissioner Ikeda? IKEDA: Aye. KAY: Commissioner Miyasato? MIYASATO: Aye. KAY: Commissioner Moses? MOSES: Aye. KAY: And Chair Henkel. HENKEL: Aye. KAY: Thank you very much. Motion carries five, nothing. 12 HENKEL: Thank you. You'll be notified of the Commissioner's findings in writing. The discussion ended at 9:51 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 13