Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
COM 1155.000 2014-2016
• Jttr,us• M+'''. Randall M.Kurohara . Managing Managing Director William P.Kenoi II•i�� .. Mayor • -_ • • _ _ Robert H.Command '4T'1";.+•? � : Deputy Managing Director � r► Crtnuifu. of q nfuni`i ®fur of fir 4 a ur 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,Hawai`i 96740 (808)323-4444 • Fax(808)323-4440 October 24, 2016 Dru Kanuha, Council Chair and Members of the County Council o County of Hawai`i c c 25 Aupuni Street Hilo, HI 96720 a _`� Dear Chairman Kanuha and Members: n 1 1~ ,.:* SUBJECT: Change of Zone Application(REZ 16-000207) s=- 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. 4111-11,106 William P. Kenoi Mayor Enclosures Comm.No r cc: Planning Department Ref.To: $` 1\aS Ref.Date — — County of Hawaii is an Equal Opportunity Provider and Employer. . OF•• i• William P.Kenoi :, `h Gregory Henkel,Chair Mayor ;•/ • � \'�:+ ; Myles Miyasato,Vice Chair - �e•t Joseph Clarkson Donn Dela Cruz o: N Donald Ikeda Raylene Moses County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawai`i 96720 Phone(808)961-8288 • Fax(808)961-8742 DCT 24. c t —+ Dru Kanuha, Council Chair o• and Members of the County Council r County of Hawaiifflr, 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and Council Members: SUBJECT: Change of Zone Application (REZ 16-000209) Applicant: Kristen Mahnke Request: RS-10 to CN-10 Tax Map Key: 2-2-040:108 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 16,315 square feet of land. The property is located on the east side of Kilauea Avenue approximately 130 feet south of the Puainako Street-Kilauea intersection, Waiakea Homestead House Lots, South Hilo, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request, with a change to Condition F 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 Change of Zone from Single-Family Residential - 10,000 square feet(RS-10) to Neighborhood Commercial - 10,000 square feet (CN-10) for approximately 16,315 square feet of land in order to develop an approximately 3,000- square foot single-story office building for either rental or personal use. 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 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 and Transportation elements: • Encourage the concentration of commercial uses within and surrounding a central core area. • Require developers to provide basic infrastructure necessary for development. • Widen and provide curb, gutter and sidewalk improvements along Kilauea Avenue from Haihai Street to Ponahawai Street. Dru Kanuha, Council Chair and Members of the County Council Page 3 The subject property is located within Hilo near KTA Superstore and the Puainako Shopping Center. Several of the surrounding properties along Kilauea Avenue are zoned CN-10 and include commercial and food manufacturing uses such as a noodle factory, convenience store and salon spa. A chiropractic office was established through a Use Permit in 1986 across Kilauea Avenue to the south on land zoned RS-10. Surrounding properties to the north and south are zoned RS-10 and contain houses and `ohana units but overall this area along Kilauea Avenue is transitioning to more commercial uses. The applicant will provide basic infrastructure needed to support commercial uses such as County potable water, a Department of Health-approved wastewater system, road widening, concrete curb, gutter and sidewalk and drainage improvements along Kilauea Avenue, and electrical service. Thus, the applicant's request is consistent with surrounding land uses and zoning and the goals, policies and standards of the General Plan. All essential utilities and services are available to the site. Access to the property is from Kilauea Avenue, which is a two-lane paved County roadway with a northbound center left-turn lane fronting the subject property and grass shoulders, all within a 60-foot wide right-of-way. The General Plan identifies Kilauea Avenue as a secondary arterial street which requires a minimum right-of-way width of 80 feet, thus a 10-foot wide future road widening strip along the property frontage would be required to meet the General Plan standard. The Department of Public Works (DPW) recommends improvements along the property frontage of Kilauea Avenue to include curb, gutter, sidewalk and pavement widening within the future road widening setback. Due to the subject property's close proximity to the Kilauea Avenue-Puainako Street intersection, DPW also recommends access be limited to right-in and right-out restricted by a physical barrier. According to the Institute of Transportation Engineers Trip Generation Manual, a 3,000 square foot general office building would generate about 5 trips during the a.m. and p.m. peak hour periods. However, to be consistent with the concurrency requirements of the Zoning Code, a condition of approval will require submittal of a Traffic Impact Analysis Report (TIAR) 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. Dru Kanuha, Council Chair and Members of the County Council Page 4 The project site has no severe geological or topographical problems which cannot be properly rectified or which would render the land unusable. The property is located in flood zone "X" which is an area determined by FEMA to be outside the 500-year flood plain. County water is available from an existing 10-inch waterline fronting the property along Kilauea Avenue. The 10-inch waterline is capable of providing the required pressure of 2,000 gallons per minute of water flow for fire protection for commercial zoning. 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 commercial land use. There is no County sewer in the area and the property is situated in the Department of Health's Critical Wastewater Disposal Area. Thus, a septic tank system will need to be installed to service commercial uses on the property. 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. 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. Dru Kanuha, Council Chair and Members of the County Council Page 5 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, q/1 16 Gregory Henkel, Chairman Windward Planning Commission LMahnkeREZ16-209wpc2 Enclosures cc: Kristen Mahnke Sidney M. Fuke, Planning Consultant Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD William Brilhante, Esq., Corporation Counsel BMahnkeREZ.mjj-9/12/16 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT KRISTEN MAHNKE CHANGE OF ZONE APPLICATION (REZ 16-209) KRISTEN MAHNKE has submitted an application for a Change of Zone from Single- Family Residential— 10,000 square feet (RS-10) to Neighborhood Commercial— 10,000 square feet(CN-10) zoning district for 16,315 square feet of land. The subject property is located on the east side of Kilauea Avenue approximately 130 feet south of the Puainako Street- Kilauea Avenue intersection, Waiakea Homestead Houselots, South Hilo, Hawai`i, TMK: 2-2-040:108. PROPOSED ACTION 1. Applicant's Request: Change the zoning district from Single-Family Residential— 10,000 square feet(RS-10) to Neighborhood Commercial— 10,000 square feet(CN-10) for 16,315 square feet of land. According to the Zoning Code, the purpose of the Neighborhood Commercial zoning district is to provide 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. (Planning Department Exhibit 1 —Zoning Code Requirements for Neighborhood Commercial Districts) 2. Proposed Development: The applicant requests the change of zoning to CN-10 in order to construct a new 3,000 square foot single-story office building for either rental or personal use. On-site parking and landscaping would be provided as required by the Zoning Code. (P.D. Exhibit 2 - Change of Zone Application dated June 2016) -1- 3. Landowner: B-II Educational Trust has authorized the applicant to apply for a change of zone. STATE AND COUNTY PLANS 4, State Land Use District: Urban. 5. General Plan LUPAG Map Designation: Medium Density Urban, which allows village and neighborhood commercial and single family and multiple family residential and related functions (multiply family residential—up to 35 units per acre). 6. County Zoning: Single-Family Residential-10,000 square feet(RS-10). 7. Hilo Community Development Plan: The Hilo CDP, adopted by Resolution No. 1 on May 21, 1975, identifies the area as RS-10 zoning. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 8. Subject Property: The property is rectangular in shape with about 68 feet of frontage along Kilauea Avenue and it is about 242 feet deep. The topography is fairly level. A dilapidated dwelling was removed from the property in 2015 so the site is currently vacant. 9. Surrounding Land Uses/Zoning: The property is surrounded by a mix of commercial and residential uses. KTA supermarket is located to the east and the Maebo noodle factory and Kai store are located to the west across Kilauea Avenue, all on land zoned CN-10. Properties to the north and south are zoned RS-10. The property to the north was developed with two homes that have recently been demolished. The property to the south is developed with a single-family dwelling and attached `ohana dwelling. 10. Flood Zone: Zone X, an area determined by FEMA to be outside the 500-year flood plain. 11. Flora/Fauna Resources: No professional floral or faunal survey was conducted of the property because it was cleared when the dilapidated dwelling was removed, leaving little vegetation on the property. Due to the long-time residential use of the property and the urban character of the surrounding area, the applicant does not believe that rare or -2- endangered floral or faunal resources are likely to be found within or proximate to the site. 12. Archaeological/Cultural/Historical Resources: No professional archaeological and cultural study was conducted of the property because it has been developed since the 1950's with a residence that was recently demolished. There are no known historic sites on the property as listed on the State or National Register of Historic Places. 13. Public Access: There is no public access to the mountains or the shoreline that traverses the property. 14. Traffic: According to the Institute of Transportation Engineers Trip Generation Manual, a 3,000 square foot general office building would generate about 5 trips during the a.m. and p.m. peak hour periods. UTILITIES AND SERVICES 15. Access: Access to the property is from Kilauea Avenue, which is a two-lane paved County roadway with a northbound center left-turn lane fronting the subject property and grass shoulders, all within a 60-foot wide right-of-way. The General Plan identifies Kilauea Avenue as a secondary arterial street which requires a minimum right-of-way width of 80 feet,thus a 10-foot wide future road widening strip along the property frontage would be required to meet the General Plan standard. The Department of Public Works (DPW)recommends improvements along the property frontage of Kilauea Avenue to include curb, gutter, sidewalk and pavement widening within the future road widening setback. Due to the subject property's close proximity to the Kilauea Avenue- Puainako Street intersection, DPW also recommends access be limited to right-in and right-out restricted by a physical barrier. 16. Water: County water is available from an existing 10-inch waterline fronting the property along Kilauea Avenue. The 10-inch waterline is capable of providing the required pressure of 2,000 gallons per minute of water flow for fire protection for commercial zoning. The Department of Water Supply will determine the appropriate -3- service lateral and meter size required once the applicant provides estimated maximum daily water usage calculations for the proposed commercial land use. 17. Wastewater: The southern extent of the County sewer system runs along East Kawili Street,which is about 3,600 feet north of the subject property,Thus,there is no County sewer in the area. The property is situated in the Department of Health's (DOH) Critical Wastewater Disposal area. All lots within this designated area are subject to the use of a septic tank system approved by the DOH. Thus, a septic system will need to be installed to service the proposed office building. 18. Solid Waste: There are no municipal waste collection services in the County. All solid waste generated by development of the property will require private disposal at the Hilo landfill. 19. Utilities and Services: All essential utilities and services are available to the property. Police, fire and medical services are available nearby in Hilo. AGENCY COMMENTS PROVIDED 20. Department of Water Supply: P.D. Exhibit 3-July 20, 2016 memo 21. Department of Public Works- Engineering Division: P.D. Exhibit 4-August 29, 2016 memo 22. Fire Department: P.D. Exhibit 5- August 2,2016 memo 23. State Department of Land and Natural Resources- Land and Engineering Divisions: P.D. Exhibit 6- August 3,2016 memo 24. State Department of Transportation: P.D. Exhibit 7-August 24, 2016 letter AGENCIES -NO COMMENTS OR OBJECTIONS 25. State Department of Health, Police Department, Department of Environmental Management. AGENCIES -NO RESPONSE 26. Office of Housing and Community Development, Real Property Tax Office, HELCO. PUBLIC COMMENTS 27. None as of the time of this writing. -4- § 25-5-100 HAWAI`I COUNTY CODE 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. (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. Planning Dept. Exhibit.__= § 25-5-102 HAWAI`I COUNTY CODE (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.) 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.) § 25-5-108 HAWAI`I COUNTY CODE Section 25-5-108.Other regulations. (a) In conjunction with plan approval,the director may require the construction of a continuous cave 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. (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.) ;Pa r0 APPLICATION FOR COUNTY REZONING (RS-10 TO CN-10) APPLICANT: KRISTEN MAHNKE Waiakea Homesteads House Lots South Hilo, Hawaii TMK: (3) 2-2-040: 108 Prepared For: Kristen Mahnke Prepared By: Sidney M. Fuke, Planning Consultant June 2016 Planning Dept. Exhibit 2. CHANGE OF ZONE APPLICATIQN jug` COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Kristen Mahnke APPLICANT'S SIGNATURE: � DATE: ADDRESS: c/o 1342 Kilauea Avenue, Hilo, Hawai'i 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: Potential purchaser LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (808) 315-3980 (Res.) (Fax) LANDOWNER(S): B-II Educational Trust LANDOWNER SIGNATURE(S): DATE: 41111"...—aybeiA LANDOWNER(S) ADDRESS: c/o 1342 Kilauea Avenue, Hilo, Hawai'i 96720 REQUEST: RS-10 TO CN -10 Existing zoning) (Proposed Zoning) TAX MAP KEY: 2-2-040: 108 STREET ADDRESS OF PROPERTY: 2023 Kilauea Avenue SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 16,315 square feet AGENT:_ Sidney M. Fuke, Planning Consultant ADDRESS: 100 Pauahi Street, Suite 212 Hilo, HI 96720 TELEPHONE:(Bus.) 969-1522 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Kristen Mahnke ATTACHMENT Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE 1 , if your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? No If yes, please answer the rest of question I and then to question 3. a How many acres of the requested area do you intend to subdivide? N/A b. Into what lot sizes? c. if your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? N/A If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. 2. If you nave no firm plans of subdividing the subject area, do you intend to: a. Sell or lease the land to someone who has firm plans? No b. Sell or lease the land to someone who has tentative plans? No c . Sell or lease the land to someone who has no plans? No d. Keep it? Yes e. other (please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has . Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc. ) ; financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. Construct a new office building for rent. 4. Have you performed any study which would demonstrate a need for your proposed building and/or development? No if so, please elaborate on your findings in the space provided below. -2- 5. Have you performed any study which discusses the environmental impacts your request would nave on the surrounding area and/or the County? Yes If so, please elaborate on your findings in the space provided below. Please refer to accompanying planning and environmental report 6. Are there any buildings on the subject area? No If so, what kind? What do you intend to do with those buildings if your request is approved? 7. Is the subject land currently being used for any agricultural activity? No if so, please list the kinds of products grown on and how many square feet or acres of land per product? -3- 8. To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? No If so, what kind? Is the road adequate for the proposed traffic volume or load? Yes 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? yes ao a. Schools x b. Roads c . Sewer x d. Drainage x x e. Police Protection x f. Fire Protection g Recreational Facilities h. Recreational Facilities i. -4- For those checked "yes, " please elaborate what type or kinds of improvements and/or assistance are needed. 11. Have you performed any historic sites study and/or survey of the subject area? If so, what were the results? Please, also, submit a copy of the study together with this change of zone supplement. No, inasmuch as the site has been cleared in the past. Signature: Address: 1342 Kilauea Avenue Telephone: 315-3980 Date: July 1,2016 -5- 6338A/50A n n R/QA COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST - RS-10 to CN-10 KRISTEN MAHNKE WAIAKEA HOMESTEADS HOUSE LOTS, SOUTH HILO, HAWAII TAX MAP KEY: (3) 2-2-040: 108 INTRODUCTION Kristen Mahnke ("Applicant") is requesting the rezoning of a parcel of land consisting of 16,315 square feet from Single-Family Residential (RS- 10) to Neighborhood- Commercial (CN-10) in the City of Hilo, Hawaii. The subject site fronts the east side of Kilauea Avenue, approximately 200 feet south of its intersection with Pu'ainako Street at Waiakea Homesteads House Lots, Waiakea, South Hilo, Hawai'i, TMK: (3) 2-2-040: 108. The KTA Super Stores complex is situated adjacent to and east of the subject site. If successful, the Applicant plans to construct a 3,000+/- square foot office building on the vacant site. II. PROJECT LOCATION As noted earlier, the subject site consists of 16,315 square feet and is identified by TMK: 2-2-040: 108. The site fronts the east side of Kilauea Avenue, about 200 feet south of Pu'ainako Street. (Figures 1 & 2) In this area, the area fronting Kilauea Avenue is predominantly commercial in character. Some of these uses include a convenience store, noodle factory, beauty shop, and a chiropractic office along the west side of Kilauea Avenue. Immediately to the east of the subject site is a major super market complex. There are also some single-family residences further south of the subject site along Kilauea Avenue. Most of the zoning corresponds to this mixture of land uses. III. PROJECT DESCRIPTION A. Project Concept and Components The Applicant wishes to develop an office building for either rental or personal use. The visibility and accessibility of this area make this site quite attractive for office or office-related uses. At the same time, because of some of the surrounding residences, the proposed office use would be a more benign and less noxious use than a retail or light industrial activity. N 40 5�. 0 S Ili V E k itLd BAYi ><L.112 r \\,. .,..1\1._ t r I I 9HILO!. BAY `� " ' '�/ t3 � i i ; 3 #4 'MI! . ; . - 1 i 1 1 L t ' 4EH : z5Li14 .:,A �4 I _ i.,. a 41:,... f r—' Ay. ,;„,,,e,.,. ,..71.. 4,1*ttk, 4‹:, -vt, i $ 1 i/ (( ii I S y3r "i 3 { i s 1 = i ,,, *,...„,,,:,,,,,<, ,,,I, , i , 1 4 , , ..,\ ^� , . ; , 4 1 ...t ,, `. vi.`. _ ' ,. . � �. _ I ___. ..... :- �-1\S.,"' ,�_...r l..., .. m.. . . .. „w 1 SUBJECT )1! ' k.:." 5, I SITE 1 C4 l 1 1 c .11.... :.- t- - , ' i ijj i } E _ (ki L . i �'y 1 H1III 1........1t......... ..._.1_.... , lei4 .. '_______2, _2'1:14. ,',"„. , .0 ,,,,,,_, ., . IF _ Li _____I , , 1, 1 I 1 . j �# I ( 0?4� Vit" s � # fie 3 , \'.. L {' 1 �" s.t9Itir_ 1 41 t i . fl;;;si. i i I I I i 1 te..ctA4' ', i,4 i I I „si 0,-AtAtit51_______i_ I. 1 EAT-1 I \-1 1 t , — i.. I^ lit 1�: � r is ! _ FIGURE 1 r _ 1 `-11.-k. Re. x.- i 2 S , g rSTx t g • -- a. t.4Ak-e.e. + m ° 4 'ice '*€ I ../,+/-4/A/CEA ?/OMESTEAGS is r. SE2/SS {:e' h,',... m �� -- . _ A_ _ .,.,.,.,„,,, - -- sr Y ' IRE GR. .e. 73 III-t.7 S SlZ t.3 s> ►F ° i• n F 4 SEC- a vc.r. OM :- ; .1 i `t$� `2 7 'o^ +y^9 ♦ i p :1----71- s `. 1• ,a. p. 11,L:i+1 „ # ?$?,Y -.,,,,ii -,sir.,., �, .:9]4 " i,�t.-b .,•v - g °6q o 3- p 3 ' ��.2 3�' _, o- -. O,z, 7� iAid;ti a- • ?iah i 13 2'4 ,t`44 el : o'" 4' •iii,',tE : TE -, i �� ' ° wy1° a E (' SS`3.G, 'i la :- '1:2—r. - c`;.1.,axs to: , a d;.+ ®M y 8 ) ,''e *Q' �t'7\I,tk°,p ° 1 hi,4e° ` 1 obi X0'•4 �l !kit 1a.25', "; .\-..-c; ~ o - ".e).. ' ,ec 4 a aIF r1 in8- 373 �" #^ y ty�y `. I,e L/ 'E3.4 ._3t 4 ° u " w'ul .� r$s a °jGIVa ®,i-, Yom°it'b,••••:1-.<'—ixg j"6dS ° °» p ,•• S r1Q /li 1 ©' + C v ♦ -11,(2-4 .d{ �� grit e / v P -7T�,...Y�� tl i -4 e.t ti Ir v-or, j� 3. A W`a 8p, liF •1�°O IN_' a v v tlN;RY=W l� '�1'°0 �_ �; 1 0 3.G;,; •,? .� ,'A+iL z.,-°`` ,, v, " a Aga x 1.=:i:' .,yF 8a rotl •f.„� • ,ami ,'Z • A gh a 8 ah'+lEi u M?- !' '18. ^ a Ia" `c a t. � :3 i`r : PyBJECT ti n,-,;,i t ± 4a3 t `¢ "� 1. , z: :04 't `�:'. ta.�.S .^-- n°u e� 3; dn,o•� i.t ~' ° ± 2 i:-.1,,.,'-i''{ 'o•I',- .:5,k1 t i, Iee 1, • n"3 wsl° -r yy.-,Al x 4 - © ` .w.i1�r .,,° ,a ii$OteI r ITE I • /<a/ L A LI EA 1:71; VENUE 1 lA i 21 x "kit,.tIii ,aI••_,:.--••••. .ir rr,--\ F b. :e Iib 3,3 L40 — _,.. p' +8t30 ;3,`. 1p 2 8 . A �et"i� ° �:°y :a!, w I��tt''� 2A { 1y t• n t • . i". �" e•:Q ; E anb3 t 4 2181 ' �i +q :* Ig$: a _d a. . ,. '.. • ,, aa-t ��4f-. (n y4� 4 N n i',11I`' x :sa ei! ,n, 1 - P$117.,X r 1 2 1 i ry -.;•,.:: `�.•9, G_ o syG K b 1x o a / • : o ♦ t=, U — r ° o p) • _-_I _ z o 0 h1 - I i 8'' o t }:1 v III L-'--____'.i ,e 1T l•„ , Y \.. 4 i'• R 50/ IA .ti til L`1 L. r:3 C /<',. 8° 4, :Oc' I. I. Nr :t . �.{J.. ' %� • L 1 C fYe/an AVE. o_ 3=1, ,.s4J 4k f4''''1;} t} . .a. mar--- 3--_-.sw.-,..3,-.o a k7A•o , \ a/ax wwr'- U, i. a--is; e .',f 13'" "i'0 !; is ;#0 v.," _ 1d-- , P ai F 2(3J -�:: y' .y 7''•.. � . p 1J o41 'P. u 1' , '•a.' moi ' Ao.da .. Com 8ta {: '...,it.,•.0 ' .1. t Z. -_t ?$ v�� n 3" m '{\.,°,i t Ye 3': /a,s,. a J C; (ft 1•- .,w�ua .,(...«:.� '"'" ."„ aoa... C,'L[-.a.�'N-- - o_--_''- _ __ i .�' { RO S �� t>a�Yl1A• ..I �•`tt �.°,; �. ;...� moo-:�•, p`•:_r-° uo tT - AO---- RESen-i __ ?.- b 1•.� ` . t; g a iIi :i' ' :.€ e % ° int " -'--- -- -._ i a•' a,), t '-•,x i. ;` ' •3 tli , -•., " ` :Izt Cit. o t`4- n .....4......0. 4.4..... n / V PA.v4e,/...4 RCs/OENCE 6J LOTS ------/,------ . v - -g, M , �� ( //ANA//AN 'OM(5 GA O 1 k=NO2 i 8L1 c 7mTru.N./h tO On-Y stn �Q .t i. is y, `± °l (� O FIGURE 2 If the request is approved, the Applicant would construct a single- story office building consisting of 3,000±square feet. The structure is not anticipated to exceed 20 feet in height. As proposed, there would be a minimum of fifteen (15) parking stalls, including one (1) handicapped stall, provided on-site. This would be considerably more than the required ten (10) stalls for a 3,000+/- square foot building. Landscaping consistent with Planning Department Rule No. 17 would be installed around the perimeter of the subject site. (Figure 3) Tentatively, the rear portion of the property would be setback at least fifteen (15) feet, and a minimum of ten (10) feet along the sides, as the site abuts RS-10 zoned properties. The setback from Kilauea Avenue would be 40+ feet, (See Figure 3) Access to the site would be from the single permitted access along Kilauea Avenue. It should be emphasized that the proposed structure and parking location are preliminary and may be adjusted to accommodate the spatial requirements of the potential building and County's design review and related construction requirements. B. Project Timetable and Cost Should the request be approved, the Applicant intends to finalize the construction plans and begin construction within the next year. The estimated cost of this project is $600,000. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject property is designated Urban. As such, no State Land Use Commission action is required. The County of Hawaii can process the rezoning request. B. County General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) map, if scaled, designates the site Medium Density. Relative to this designation, the General Plan allows consideration for "Village and neighborhood commercial and residential and 2 w a5 0 Z ° - Z m w U y Swo a o Z. 'am = 0) o � S$ �s d 9�s• Na' Z g.9., �� o• (Y] d 5 � � 6 Qs a fn X S 'Z' U -• $Y o Z z Y 0 2 0 OS-N0 NO23• x— S3d0V 9LL L vo�.„, ENO•O O-Z-Z'NW! ssm MT m's m'9r ms sg7 • o e— g -:I• :I -1- :'i • I.. i 9 1- • • • g NJVSUS = lovers • moles f, .00.°'I r• .I .I y 9[.,'4i '','.,•';';.''..Y } 7 a c t� 1 ( J k dr f� ass ,s p O `I ry 3 1 �t+}A 'C F- W LL o F— Z 0 n d w S occ msh�"" " �{ ms I.rcr x In Cn o D Ill N'Z y�O74 .,---4t:7'.1.1:=,..,,;,:- 1hh;= r i fd? I ^ON A ail`� ,�q F— vIN iga!�awl.` �I 4 W , amji r ���tf l . I U d t• it 11,17���1 �.' E t, 25 -s 5. 9 r h•.} - ,E`,Aai � J1(.. 11 aI . IJQI t.i, lye 7 t, 5; QI (] :','-,..,,i'!,-.;.-:.;:„..,%4..'4.:..1:1::::.5-1. ,i.-.J.:10-1.,[. _ 0 z~ xG 1 I- 7 t •. F-J z Z Irftr �1�t9JYEgn itPt � ' Ov w a aa- � � ssa jl3 r�G HA , z 0o r m � t q zaa £e'Y� � -aisncf tx a^"'�' T. l'''''''*-'''''''- n� e r 7 a,- -jOkP .'C as y $ I / r i-x, k, ,tN as r�_ 7` ;'$...'h' yr Rei :`\,'\ 7 1 rc WJ: e 3nN3Av`d3n`d1DDf FIGURE 3 related functions (3-story commercial; residential- up to 35 units per acre." The requested County zoning and planned uses would be consistent with the uses envisioned within the Medium Density area. As such, no General Plan amendment would be required to effectuate this project. C. Hilo Community Development Plan The Community Development Plan (CDP) attempts to further define the General Plan and serves as a guide for decision-makers. It was adopted by the Planning Commission in 1975, over 25 years ago. Although reviewed by the County Council, the CDP was never adopted. The CDP's Land Use Concept map identifies a RS-10 designation for this area. This designation suggests residential uses at an average of nearly 4 units per acre. Notwithstanding this inconsistency, however, it is acknowledged that the growth of Hilo and its outlying areas like Puna have made some of the planning assumptions of the CDP obsolete. An updated CDP would be timely. Absent the availability of a relevant intermediary planning document, one must rely only on the General Plan LUPAG map and policies. In the end, the General Plan is more critical, as the County Charter requires all zone changes to be consistent with it. D. County Zoning The County zoning of the subject site is Single-family Residential (RS-10). If the Neighborhood-Commercial (CN-10) request were approved, the site would be converted into a small-scale office building. Should that occur, all land use and development codes such as parking, landscaping, fire, ADA, and the like would be complied with. G. Other Permitting Considerations The site is not located within the County Special Management Area (SMA). As such, no SMA Use Permit would be required. 3 However, other construction-related permits would still be required. These would be of the "ministerial" variety, such as Plan Approval, building permit, driveway permit, and health clearances. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The 16,315 square foot site is generally rectangular in shape. It has a width of 68+ feet and a depth of 242+feet. There was a dilapidated dw6Iling on the site that has since been demolished. In conjunction with the demolition of the structure, the entire property was cleared, leaving,little vegetation on the site. B. Climate, Soil and Topography According to the State Commission on Water Resource Management, the nearest rain gauge in this area is the Hilo Airport. The rainfall data of this gauge notes that over the past 37 years, the annual median rainfall for this area was 131.1 inches. The wetter months tend to occur between October through April. The average daily temperature ranges from a minimum of 61 degrees to a maximum of 79 degrees Fahrenheit. Wind patterns are generally tradewinds (easterly) during the day and westerly or mountain winds during the evenings. The site is fairly level. There are no perceptible topographic or geologic constraints. It sits at approximately the 75-foot elevation level. Being within a heavily urbanized area, the Land Study Bureau Overall Master Productivity Rating does not have any classification for this site. Likewise, the site is not classified under the Agriculture Lands of Importance to the State of Hawaii (ALISH) classification system. Thus, the State's classification system does not recognize this site as being agriculturally important. The U. S. Department of Agriculture Soil Conservation Service, however, has designated the soil type in this are to be of the Keaukaha extremely rocky muck (rKFD) series, 6 to 20 percent slopes. This soil type consists of well-drained, think (less than 1 foot) organic soils overlying pahoehoe lava bedrock. Runoff is medium, erosion hazard slight, and shrink-swell potential high. These soils are usually moist, but when dried, they have high shrinkage but low swelling potential. This soil type is widespread throughout downtown Hilo. 4 C. Natural Hazards 1. Drainage The US Corps of Engineers' Flood Insurance Rate Map (FIRM) designates the area of the proposed development to be in Zone X (areas outside of 500-year flood). There are no drainage ways through the site. Accordingly, the site has not and should not be subject to flooding. As there will be an added level of impervious surface resulting from the proposed parking area, there may be an issue relating to potential increased run-off. In that event, drywell or similar type of accommodations will be implemented, subject to the review and approval of the Department of Public Works. The depth of these drywells - if needed -will be sufficient to avoid potentially high groundwater table. 2. Tsunami Hazard Although the site is situated over a mile from the ocean, it is located within of the Civil Defense's Tsunami Evacuation Zone. The evacuation line in this area is set at Hualani Street. Thus, people within this area must evacuate the site when the Civil Defense issues a warning. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the entire City of Hilo as being within Lava Flow Hazard Zone 3, on a scale of ascending risk, 9 to 1. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, the applicant understands and accepts that there will be added structural requirements to address this seismic hazard during the conversion process. D. Fauna Resources Although there was no professional survey conducted of the faunal resources of the site, the applicant does not believe that rare or 5 endangered faunal resources are likely to be found within or proximate to the subject site. The site is not only within an urban environment, but it was fully developed. More recently, in conjunction with the demolition of a dilapidated structure on the site, the entire property was cleared, leaving little vegetation. Introduced bird species (such as dove, Japanese White-eye, house finch, myna) are common in this area. Domestic animals such as cats and dogs, and other animals like rats and mongoose are also common. These are all common and not endangered. As such, it is unlikely that the development of the subject property would cause any adverse faunal impacts. E. Flora Resources No commissioned flora survey was conducted of the site due in large measure to its past and current residential use. Although there was a lawn and other non-native plant species on the site, such as ti-leaf, they were all removed in conjunction with the demolition of a dilapidated residential structure. The site is thus vacant of any vegetation. F. Historic/Cultural/Archaeological Resources For the same reason noted above, no commissioned archaeological inventory survey and cultural assessment study was conducted of the subject site. The former residential use of the site and the recent removal of that structure and all associated vegetation, reduce the prospect of finding any archaeological remains. Nonetheless, during the course of developing this project, should any anticipated archaeological features or sites be uncovered, work in the affected area will immediately cease and the applicant will notify the Planning Department. G. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated traditional and customary practices of this site. 6 In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, fishing and/or coastal access is not an issue. It is not known whether the subject or immediate surrounding area was ever used for the gathering of plants by native Hawaiians. However, as the site has been used residentially for over 50 years and landscaped with a lawn and other introduced species and more critically having all of the vegetation removed, it would appear very unlikely that the site would serve such purpose today and/or in the recent past. There are also no known archaeological features on the subject property. Based on the above, it does not appear that the project would have any potential adverse impact relating to the cultural and historical resources of this area. H. Water and Coastal Resources The subject site is located over a mile from the coastline. As such, coastal impacts resulting from discharge of drainage systems from the site should not be significant. Being a non-coastal property, no coastal access will be affected. The proposed development is expected to develop its own private wastewater system, possibly a septic tank system. In the event the County's sewer line is extended to this area, the Applicant would connect to this system. In either case, the method of wastewater disposal should further reduce potential adverse groundwater or nearshore water impacts resulting from this project. Further as noted earlier, prior to the installation or use of any drywells on the site to address on-site drainage concerns, the appropriate UIC permit from the State will be taken. At that time, impacts to water and coastal resources will be carefully examined. Noise, Air Quality, and Dust Impacts The existing background ambient noise level is associated with the wind, foliage, birds, and the like. This is relatively low, averaging less than 45 Ldn. Traffic along Kilauea Avenue and Pu'ainako Street, however, heavily influence manmade noise in this area. Both of these streets are major cross-town streets. Pu'ainako, in this area, is a 4-lane, divided highway. Kilauea Avenue was originally a 4-lane street that has since, in this general area, been reduced to a 2-lane road with a central, common turning lane. As such, although this project will introduce additional vehicular traffic to this area, it is not anticipated to contribute significantly to the long-term ambient noise level. Thus, any traffic increase should result in a noise increase of equal to or less than 55 Ldn, which is within acceptable levels within an urban environment. The short-term noise impacts will be associated with the construction of the project. These will be temporary. Further, all applicable State rules governing construction noise abatement will be observed. The Applicant also intends to not allow noise- generating construction activity to occur on Sundays and early morning and late evening hours. The proposed development should not generate any direct air quality impacts. During the short-term, there may be some fugitive dust associated with the construction of the project. However, compliance with the State Department of Health's regulations governing dust control should help mitigate this potential impact. From a long-term perspective, the project itself is not expected to have uses that generate adverse air pollutants. The only discernible air quality impact would be associated with vehicular traffic to and from the site. While the added traffic will have an impact to the ambient air quality, the impact should not be significant. This is due in part to the higher EPA standards for automobile air emissions and the prevailing tradewinds. All of the required parking area within the project site will be paved with an all-weather, dust free surface. Landscaping will also be required as part of the Plan Approval requirement. As such, with the exception of minimal construction dust in the beginning, long term dust generated by the project should be insignificant. J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as scenic resources. The subject site is not listed as a scenic site. However, Mauna Kea and Mauna Loa are listed as scenic resources. 8 The proposed development would not have any visual impacts on either of those mountains, particularly from Kilauea Avenue. The location of the site is such that there will be no interruptions to these views. Further, the structure will essentially be no different than if a new single-family structure were constructed on that site. Thus, there should be little, if any, visual impacts resulting from this project. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land uses in the immediate area are predominantly commercial in nature, with some`single-family residences to the south or Ka'u side along Kilauea Avenue. The commercial uses include a convenience store, noodle factory, beauty salon, chiropractic office, and a major super market complex. As such, while the requested use would be consistent with the design and scale of the immediate area, the proposed use (office building) could still generate some impact to the residences. To mitigate these impacts, design and construction factors such as the placement of buildings, parking areas, lighting, landscaping, and the like will be taken into account. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would provide short-term employment opportunities for those in the construction and related industries. With the completion of the project, there will possibly be a few long- term employment opportunities. The project is anticipated to create at least five (5) full and part-time employees. The subject property is located proximate to commercial areas, including Downtown Hilo, Kaiko'o Mall, Hilo Shopping Center, and the University. It can thus be competitive with those areas. A commercial rezoning would also increase the tax revenues to the County. However, there could be some real property tax consequences for the adjacent residential properties. As the assessed valuation of the subject property rises due to the higher commercial use, there could be some fallout to neighboring properties. Nonetheless, homeowners intent on keeping their 9 property for residential uses could avail themselves to some tax provision that "freezes" valuation of their property for a certain period of time. C. Agricultural Impacts The site is and has not been used for agricultural activities. Until the dwelling was demolished, the site has been used as a residence for over 50 years. The surrounding area is also heavily urbanized. Even the State ALISH's mapping system does not classify this sitE'. Accordingly, the potential commercial agricultural value of the site - aside from limited domestic purposes - is minute, if at all. VII. INFRASTRUCTURAL CONSIDERATIONS A. Road Access to the project would be from the Kilauea Avenue. This County road serves as a major cross-town highway. In this area, the road has two (2) lanes with a middle lane serving as a turning lane. The right-of-way is sixty (60) feet. No on-street parking is allowed. If required, the Applicant is prepared to dedicate a 10-foot wide strip fronting the property to enable the eventual creation of an 80- foot wide right-of-way. The Applicant understands and accepts that a curb, gutter, sidewalk section fronting the property may also be required as a condition of the zone change. Because of the site's proximity to the Pu'ainako Street intersection, left turn movements into the site may be a bit problematic particularly during the AM peak hours as commuters drive into the core of Hilo. However, there are certain conditions that should help mitigate the impacts. For one, the proposed office use, unlike a retail establishment, generally generates less turning movements or traffic than a retail shop, particularly for a building with a maximum 3,000 square feet. According to the Institute of Traffic Engineering manual (the manual used by traffic engineers in preparing Traffic Impact Analysis Report), the AM/PM trip generation for office use is 1.49 trips per 1,000 square feet. Thus, for a 3,000 square foot office building, the projected movements would be 4.47 or less than five (5) movements. 10 Further, of these projected maximum five (5) AM/PM movements, at least 50% or two (2) or three (3) movements would be right turn movements. Right turn movements into the project site should not significantly impede traffic along Kilauea Avenue. Finally, in this area, Kilauea Avenue is wide enough to allow for through vehicles to navigate to the right of the few left turning vehicles. Please note that a Traffic Impact Analysis Report ("TIAR") is not required, as the projected movements, as noted above, is less than the fifty (50) AM/PM'movements required for a TIAR. B. Water There is a County water line fronting Kilauea Avenue. If needed, an estimated maximum daily water usage calculations prepared by a licensed engineer can be prepared to determine meter size. However, given the proposed office use, the Applicant believes that the water usage should be somewhat comparable to no more than two (2) residential units. C. Wastewater There is no County sewer system in this area. As such, the projected wastewater will be disposed off in a State Department of Health approved septic system. D. Solid Waste Solid waste will be handled by commercial haulers who will dispose of the refuse at the county landfill in Hilo and eventually at Pu'uanahulu, North Kona. Typically, the waste generation of a project of this nature (office) should be comparable to a typical residence or at the most two (2) residences. Although the Applicant does not believe one is needed, if required, a Solid Waste Management Plan can be prepared to help address ways to accommodate and reduce the project's waste. E. Other Government Services As this area is already part of the City of Hilo urban area, it is already being serviced. No extension of government services would be required, and existing facilities should be sufficient to accommodate the limited demand expected from this project 11 At least three (3) County Fire Stations and Emergency Medical Services are located within a 5-minute response area. As this project is a commercial one, it should have little or no direct impacts to schools, parks, and other related facilities. Nonetheless, there are parks and schools within a 2-mile radius of the subject site. The Hilo Hospital is located, approximately three (3) miles from the site. This hospital is one of five licensed hospitals on the island. F. Other Utilities All other utilities such as telephone and electrical services are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity The short-term use of the site would probably be either vacant or possibly construction of a new single-family residential dwelling. However, given the area of transition and significant traffic along Kilauea Avenue and Pu'ainako Avenue, residential use may not be that desirable. Further, this project should not result in any significantly adverse short or long-term impacts that cannot be properly mitigated. There will be direct and indirect economic benefits - albeit small - resulting from the construction and implementation of this project. Relatedly, the project will generate increased tax revenues that can supplement the State and County's fiscal resources. Because of its location, this project will provide a service that can be made reasonably accessible to the region and immediate neighborhoods. The required infrastructure - if needed - will be implemented by the Applicant to mitigate potential impacts of this project. Finally, the design and scale of the project will be quasi-residential in nature. As such, in spite of its commercial use, a residential ambiance could still be captured. B. Irreversible and Irretrievable Commitment of Resources The subject site is already disturbed. As such, the commitment of natural or other resources (such as archaeological) would not appear to be an issue. The likelihood of finding archaeological features on the site is remote, due to the past development of the site. Further, any unanticipated finds will be properly mitigated upon consultation with appropriate government agencies. C. Mitigative Measures The Applicant intends to provide any required off and on-site infrastructure in conjunction with the development of this project. These may include drainage, wastewater, and water improvements. The Applicant will provide the driveway access from Kilauea Avenue, and if required, a curb, gutter, and sidewalk section fronting the site. Likewise, the Applicant, if required, is prepared to make on-site drainage improvements to accommodate the planned parking area as well as the necessary wastewater system. All of these will be done in conjunction with the permitting and permit implementation phases of this project. Although the potential for unearthing archaeological features on the site is remote, if any inadvertent discoveries are made during any phase of this project, the Planning Department will be notified. Work will resume only upon receipt of proper clearances from said agency. If required, additional landscaping will also be incorporated within the project site, as well as along the boundaries adjacent to the neighboring residences to the south. The landscaping would be consistent with the Planning Department's landscaping rules. D. Alternatives to the Proposed Project 1. No Project Under the status quo alternative, the site would remain in its present vacant state, with a potential construction of a new single-family residential structure. Under this scenario, the site would not be utilized to a use that services the community while keeping the residential flavor of the immediate neighborhood. 13 2. Development Based on Existing RS-10 Zoning Under this alternative, the land could not be further subdivided. However, an additional dwelling through the "Ohana", concept could be constructed, resulting in a total density of two (2) homes. However, the site's proximity to commercial and industrial uses and the heavily traveled Kilauea Avenue and Pu'ainako Street would make it less desirable for more intensive residential uses. Accordingly, it may be unlikely that the site would be developed more intensively for residential uses. 3. Alternative Residential Densities The site could be developed into a higher residential density, such as a multiple-family residential project. However, as noted above, having residential uses adjacent to major streets, particularly from a noise and dust perspective, may not be a desirable use. 4. Evaluation of Alternatives Leaving the property in its current undeveloped state would not maximize the use of the land. There would also be diminished tax revenues and fewer services to the public. While alternative residential densities are possible, the proximity of commercial uses and major roadways would probably not make such a project feasible. At the same time, the project's impact to the area's social and physical infrastructure would not appear to be pronounced, particularly in light of the quasi-residential scale and design of the building. Further, additional mitigative measures such as landscaping, lighting, and so forth will be taken to address any possible impact associated with the proposed use. In that regard, the project in totality would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested CN-10 zoning alternative. 14 IX. REGULATORY ANALYSIS A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site Medium Density Urban, a designation that allows the requested CN-10 zoning. Accordingly, this request would not be inconsistent with the LUPAG map. General Plan Policies The requested zoning would be consistent with the goals, policies, and standards of the Economic and Land Use Elements of the General Plan. Specifically, the more pertinent ones follow: 1. Economic Element Goals • Provide residents with opportunities to improve their quality of life. • Economic development and improvement shall be in balance with the physical and social environments of the island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Policies • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. 15 • The County shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. • The County shall encourage the development of a visitor industry which is consistent with the social, physical, and economic goals of the residents of the County. Discussion The request would provide opportunities for a small office building to establish itself in an area that is serviced by a good transportation system. Relatedly, all required infrastructure is there or, if not and/or needed, will be provided by the Applicant without taxing government's servicing ability. Further, the area is located proximate to commercial and business areas, making the site accessible to these uses. At the same time, because of the type of use (office) and its small-scaled nature, the requested project should be consistent with the land use pattern in this area, while making it convenient for the region and surrounding neighborhoods. 2. Land Use Element (Commercial) Goals • Provide for commercial developments that maximize convenience to its users. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Policies • Commercial facilities shall be developed in areas adequately served by necessary services, such as water, utilities, sewers, and transportation systems. Should 16 such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. • Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. • The development of commercial facilities should be designed to fit into the locale with minimum intrusion while'providing the desired services. Appropriate infrastructure and design controls shall be incorporated into the review of such developments. Standards • Commercial developments shall be located in areas adequately served by transportation, utilities, and amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. • Off-street parking and loading facilities shall be provided. • Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. • Preference shall be given to commercial lands with a reasonably level topography. Discussion As the City of Hilo and its surrounding area continue to grow, there will be a need for more office space. However, not all office uses need to be in large structures. Smaller structures in areas of transition —such as here would be appropriate. From a visual and infrastructure perspective, the proposed project would not overwhelm the surrounding area. The subject site also fulfills other policies and standards articulated in the General Plan. The site is already serviced by adequate infrastructure, and where there are not, will be extended and/or provided by the Applicant. 17 The County water line is already available to the subject site. Police and fire protective services are available within a 5- minute response time. As such, this project should not require addition public services to be provided. The site does not have any on-site development constraints. The land is relatively level and is designated "X" on the FIRM map. Further, because office use is not noxious, potential pollution concerns would be minimal, if at all. Being used as a residence in the past and recently cleared, the prospects,of the site serving as a habitat for rare or endangered plant or animal life appear remote. There is also little evidence that the site would have any archaeological feature. Because of the proposed scale and type of use, the request would be - ironically - generally compatible with the surrounding residential area as well as the growing mix of commercial uses. To further mitigate potential visual and noise impact, additional landscaping can be provided adjacent to any adjacent residential properties south of the subject site. Finally, the standards for an office building will be fulfilled. These include the acreage, setbacks, uses, parking, etc. C. Hilo Community Development Plan As noted earlier, the Hilo CDP was adopted in 1975 by the Planning Commission to serve as a guide to the General Plan. Although the site is designated RS-10, many changes have occurred over the past 25 years, making many of the planning assumptions obsolete. D. Zoning If the request is approved, the existing dwelling would be demolished and a residential-scaled building to accommodate office uses would be constructed. All of the requirements relative to height, setback, landscaping, and parking, and the like would be complied with. No variances from the Code are anticipated. 18 k• F WATE4 /4,7 °? \i9S •49 t 00ff Q I DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII `Gyiy .•-'�P,"' 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 °F HAwa"',,,;, TELEPHONE (808) 961-8050 • FAX (808) 961-8657 July 20, 2016 r'• �- TO: Mr. Duane Kanuha, Director Planning Department FROM: Keith K. Okamoto, Manager—Chief Engineer - _s SUBJECT: Change of Zone Application (REZ 16-000209) :_ Applicant: Kristen Mahnke _ Request: RS-10 to CN-10 Tax Map Key 2-2-040:108 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 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 Hawai`i, for review and approval. The water usage calculations should include the total estimated daily water usage in gallons per day and the estimated peak flow in gallons per minute (GPM), including irrigation use. Upon receipt of the water usage calculations above, the Department will make a determination as to the water commitment deposit amount and prevailing facilities charge, which is subject to change,to be paid. Based on the water demand calculations, the Department will determine the appropriate service lateral and meter size required. 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 Det •r{ rr . Water, Our Most ' recious Wesource. . . 7 a WaiA (,ane. . . t Exhibi _ The Department of Water Supply is an Equal Opportunity provider and employer. Mr. Duane Kanuha, Director Page 2 July 20, 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. Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours, Keith K. Okamoto, P.E. Manager—Chief Engineer TS:dfg copy— Mr. Sidney M. Fuke, Planning Consultant DEPARTMENT OF PUBLIC WORKS !t COUNTY OF HAWAII HILO, HAWAII DATE: August 29, 2016 NeMettaftdafft TO: Duane Kanuha, Planning Director FROM: Department of Public Works, Engineering Division SUBJECT: CHANGE OF ZONE APPLICATION (REZ 16-000209) Applicant: Kristen Mahnke Planning Dept. Request: RS-10 to CN-10 Exhibit Tax Map Key: 2-2-40: 108 We have reviewed the subject application forwarded by your memo dated July 8, 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. Because the subject's property close proximity to the Kilauea Avenue and Puainako Street intersection, we recommend access be limited to right in and right out restricted by a physical barrier. 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. ' !1,a Fr"? 1 2016 Questions may be referred to Kelly Gomes at ext. 8327. 1, 7281 .. .. . r.__._t__.__ _ �' °';;\1 it Darren J. Rosario William P. Kenoi �°'c;>• Fire Chief Mayor f L ;i I t, ^1 n Renwick J.Victorino Deputy Fire Chief Couutp of 3batuat`t HAWAII FIRE DEPARTMENT 25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720 (808)932-2900•Fax(808)932-2928 August 2,2016 TO: DUANE KANUHA,PLANNING DIRECTOR FROM: DARREN J. ROSARIO, FIRE CHIEF SUBJECT: Change of Zone Application(REZ 16-000209) Applicant: Kristen Mahnke Request: RS-10 to CN-10 Tax Map Key:2-2-040:108 In regards to the above-mentioned Change of Zone application,the following shall be in accordance: NFPA 1, UNIFORM FIRE CODE,2006 EDITION Note: Hawai`i State Fire Code, National Fire Protection Association 2006 version, with County of Hawai`i amendments. County amendments are identified with a preceding "C—" of the reference code. Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature,or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow,or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including, but not limited to, additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. 18.1.1.2 Fire Hydrant Systems. Plans and specifications for 're +r 'I - �.3,4 .r1 be submitted to the fire department for review and approval prior o . . ,owao AUG - 3 2016 Planning Dept. !€4 Exhibit,_ _ Duane Kanuha August 2, 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 August 2, 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(137 m). 18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided when it is determined by the AHJ that access by a single road could be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access. 18.2.3.4 Specifications. 18.2.3.4.1 Dimensions. C- 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than 20 feet wide within 150 feet of the structure being protected. An approved turn around area shall be provided if the FDAR exceeds 250 feet. C- 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in. C- 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ,provided such increase or reduction does not impair access by the fire apparatus, and approved signs are installed and maintained indicating such approved changes. Duane Kanuha August 2, 2016 Page 4 18.2.3.41.2.2 Vertical clearances shall be increased when vertical clearances or widths are not adequate to accommodate fire apparatus. C- 18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and maintained to support the imposed loads (25 Tons) of the fire apparatus. Such FDAR and shall be comprised of an all-weather driving surface. 18.2.3.4.3 Turning Radius. C- 18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30 feet, and a minimum outside turning radius of 60 feet. 18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width. 18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft(46 m) in length shall be provided with approved provisions for the fire apparatus to turn around. 18.2.3.4.5 Bridges. 18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall be constructed and maintained in accordance with county requirements. 18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. 18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the AHJ. 18.2.3.4.6 Grade. C- 18.2.3.4.6.1The maximum gradient of a Fire department access road shall not exceed 12 percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a Fire apparatus would connect to a Fire hydrant or Fire Department Connection,the maximum gradient of such area(s) shall not exceed 10 percent. 18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft (0.3 m drop in 6 m) or the design limitations of the fire apparatus of the fire department, and shall be subject to approval by the AHJ. 18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb cuts extending at least 2 ft (0.61 m) beyond each edge of the fire lane. Duane Kanuha August 2,2016 Page 5 18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall be approved the AHJ. 18.2.3.5 Marking of Fire Apparatus Access Road. 18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be provided and maintained to identify fire department access roads or to prohibit the obstruction thereof of both. 18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane. 18.2.4* Obstruction and Control of Fire Department Access Road. 18.2.4.1 General. 18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any manner, including by the parking of vehicles. 18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained at all times. 18.2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles. 18.2.4.2 Closure of Accessways. 18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads,trails, or other accessways not including public streets, alleys, or highways. 18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner. 18.2.4.2.3 Roads, trails, and other access ways that have been closed and obstructed in the manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and the AHJ. 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. Duane Kanuha August 2, 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 August 2,2016 Page 7 18,3,7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval,testing, and maintenance, in accordance with the respective county water requirements. Records shall be made available for review by the AHJ upon request. C— 18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for Firefighting. Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections (FDC)to alternative water supplies shall comply with 18.3.8 (1)- (6) of this code. NOTE: In that water catchment systems are being used as a means of water supply for firefighting, such systems shall meet the following requirements: 1) In that a single water tank is used for both domestic and firefighting water, the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; 2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection (FDC) shall be as follows: a) 4" for C900 PVC pipe; b) 4"for C906 PE pipe; c) 3" for ductile Iron; d) 3' for galvanized steel. Duane Kanuha August 2,2016 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 August 2,2016 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 1'.IGE Jlr'•'rt„O F.M-7 Y- SUZANNE D.CASE GOVERNOR OF HAWAII F.t*..fy\9 s9 \':''' *-c= CHAIRPERSON 'V-s..• Kfi'.�.'.~ ' . BOARD OF LAND AND NATURALRESOURCES COMMISSION ON WATER RESOURCE — .i .1 MANAGEMENT of Band Nd t sl;�Ilg$ ; r ' I 10 6.1 7"WiiiIM :,,,i)--,,, ` m -44.4at -:''-_,9•04g•ge �h STATE OF HAWAII & Sta of Na'�l V4 DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOI.I II.I I.HAWAII 96Rf9 August 3,2016 County of Hawaii Planning Department Attention: Ms. Maija Jackson via email: Injackson(wco.hawaii.hi.us 101 Pauahi Street, Suite 3 Hilo,Hawaii 96720 Dear Ms. Jackson: SUBJECT: Change of Zone Application(REZ 16-000209);Request: RS-10 to CN-10 Applicant: Kristen Mahnke Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources'(DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comments. At this time, enclosed are comments from the (a) Engineering Division and (b) Land Division—Hawaii District on the subject matter. Should you have any questions,please feel free to call Lydia Morikawa at 587-0410. Thank you. Sincerely, //7/ .---- Russell Y, Tsuji Land Administrator Enclosure(s) cc: Central Files Planning Dept. Exhibit DAVID Y.ICE r '...... ti M1.c RECEIVED C t 1 V E D SUZANNE D.CASE GOVERNOR OE HAWAII /Al.."'A9 S9, + CHAIRPERSON aai L AND Dlv!SO LLAIIOAIDNATURAI.RESOURCES J = -,�+•: �• { SISSiON ON\VA?ER RESOURCE I{ — MANAGEMENT E`aod and 4, ` t iYi # t,r`t _ 414tro. AUG -I 111110: 4140:4211t I. STATE OF HAWAII �1 i i Iy ‘2.";'t� i Stale oft402$ DEPARTMENT OF LAND AND NATURAL RESQlfiRt ) ti 4 I! LAND DIVISION t POST OFFICE BOX 621 HONOLITLIJ.HAWAII 96809 July 13, 2016 MEMORANDUM DLNR Agencies: Div.of Aquatic Resources r Div. of Boating & Ocean Recreation X Engineering Division _Div. of Forestry&Wildlife _Div. of State Parks _Commission on Water Resource Management Office of Conservation& Coastal Lands X Land Division—Hawaii District X Historic Preservation �--- FR/OM: uss Y. Tsuji,Land Administrator SUBJECT: Change of Zone Application(REZ 16-000209);Request: RS-l0 to CN-10 LOCATION: Hilo, Island of Hawaii; TMK: (3) 2-2-040:108 APPLICANT: Kristen Mahnke Transmitted for your review and comment is information on the above-referenced application. We would appreciate your comments on this application. Please submit any comments by August 2,2016. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request,please contact Lydia Morikawa at 587-0410. Thank you. Attachments ( ) We have no objections. ( ) We have no comments. ( ) Comments are attached. ff • Signed: , Print Name: Carty S. Clfang, Chief Engineer Date: f cc: Central Files DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION To: Land Division Ref: REZ 16-000209;Request RS-10 to CN-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. • v' �,. Signed: L {{:" ,) / CARTY S.'GHAXG,,CHIEF ENGINEER Date: .. `t ECElVLI) . DAVID Y.IGC I. 1 T:DiJ Y HAh'` SUZANNE D.CASE GOVERNOR OF HAWA t't' 1 5g•a+1y:, CHAIRPERSON 1'',/ BOARD OF LAND AND NATURAL RASOURCES 11 t Y'��•' COMMISSION ON WATER RESOURCE t w i .t MANAGEMENT • fit - Nte.'azzakite," ;i i C ;lTjAy ;QF HAWAII teofl DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOT.iIT,II.HAWAII 96809 July 13, 2016 • MEMORANDUM TO: DLNR Agencies: _Div. of Aquatic Resources Div. of Boating&Ocean Recreation X Engineering Division Div. of Forestry&Wildlife Div. of State Parks • _Commission on Water Resource Management _Office of Conservation&Coastal Lands X Land Division—Hawaii District X Historic Preservation FROM: uss Y. Tsuji,Land Administrator SUBJECT: Change of Zone Application(REZ 16-000209); Request: RS-10 to CN-10 LOCATION: Hilo, Island of Hawaii; TMK: (3)2-2-040:108 APPLICANT: Kristen Malinke Transmitted for your review and comment is information on the above-referenced application. We would appreciate your comments on this application. Please submit any comments by August 2,2016. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request,please contact Lydia Morikawa at 587-0410. Thank you. Attachments ( ) e have no objections. ( We have no comments. ( ) Comments are attached 44, Signed: Print Name: .o,47/9/2,/ /Li .. �/// Date: /y /6 cc: Central Files FORD N.FUCHIGAMI DAVID YN IR 'is.—°` !� DIRECTOR GOVERNOR "•,,..- z.a :r ��i''/k5 Deputy Directors t % i _ JADE T.BUTAY �; ROSS M.HIGASHI EDWIN H.SNIFFEN DARRELL T.YOUNG STATE OF HAWAII IN REPLY REFER TO: DEPARTMENT OF TRANSPORTATION 869 PUNCHBOWL STREET STP 8.2005 HONOLULU. HAWAII 96813-5097 August 24, 2016 Mr. Duane Kanuha Planning Director County of Hawaii Planning Department East Hawaii Office 101 Pauahi Street, Suite 3 Hilo,Hawaii 96720 Dear Mr. Kanuha: Subject: Kristen Mahnke Change of Zone Application (REZ 16-000209) Waiakea, South Hilo, Hawaii TMK: (3) 2-2-040:108 Our Department of Transportation's (DOT) comments on the subject project are as follows: Airports Division (DOT-AIR) 1. The subject project is located 1.37 miles southwesterly from the end of Runway 3 at Hilo Airport and is located outside of the 55 DNL noise contour on the Base Year (2000)Noise Exposure Map. 2. The developer should be aware that photovoltaic (PV) systems, located in or near the approach path of aircraft into an airport, can create a hazardous condition for a pilot due to possible glint and glare reflected from the PV array. The following website may assist with preparation of a glint and glare analysis: www.sandia.gov/glare. It is recommended that the highest rated non-glare materials be used in the PV system installed to mitigate potential hazard to the greatest degree possible. If glint or glare from the PV array creates a hazardous condition for pilots, the owner of the photovoltaic system must be prepared to immediately mitigate the hazard, upon notification by the Department of Transportation, Airports Division (DOT-AIR) or the Federal Aviation Administration(FAA). Planning Dept. ,� , .$ • • a Exhibit 10'72._36 4 Mr. Duane Kanuha STP 8.2005 August 24, 2016 Page 2 3. Federal Aviation Administration Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants On or Near Airports, requires a minimum distance of five (5) statute miles between the farthest edge of the Air Operations Area (AOA) and the hazardous wildlife attractant if the attractant could cause hazardous wildlife movement into or across the approach or departure space. This includes using appropriate landscaping that deters bird nesting and foraging. Highways Division (DOT-HWY) 1. The proposed action is not anticipated to have a significant impact to our State highway facilities. 2. The project should be able to accommodate both employee and customer parking. 3. There is to be no discharge of storm runoff into the State right-of-way. If there are any questions, please contact Mr. Norren Kato of the DOT Statewide Transportation Planning Office at telephone number(808) 831-7976. Sincerely, FORD N. FUf MI Director of Transportation c: Gordon Wong, Federal Aviation Administration RMahnkeREZ.mjj 9/12/16 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION KRISTEN MAHNKE CHANGE OF ZONE APPLICATION (REZ 16-209) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicants are requesting a Change of Zone from Single-Family Residential - 10,000 square feet(RS-10)to Neighborhood Commercial - 10,000 square feet(CN-10) for approximately 16,315 square feet of land in order to develop an approximately 3,000- square foot single-story office building for either rental or personal use. 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 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 and Transportation elements: • Encourage the concentration of commercial uses within and surrounding a central core area. • Require developers to provide basic infrastructure necessary for development. • Widen and provide curb, gutter and sidewalk improvements along Kilauea Avenue from Haihai Street to Ponahawai Street. The subject property is located within Hilo near KTA Superstore and the Puainako Shopping Center. Several of the surrounding properties along Kilauea Avenue are zoned CN-10 and include commercial and food manufacturing uses such as a noodle factory, convenience store and salon spa. A chiropractic office was established through a Use Permit in 1986 across Kilauea Avenue to the south on land zoned RS-l0. Surrounding properties to the north and south are zoned RS-10 and contain houses and `ohana units but overall this area along Kilauea Avenue is transitioning to more commercial uses. The applicant will provide basic infrastructure needed to support commercial uses such as County potable water, a Department of Health-approved wastewater system, road widening, concrete curb, gutter and sidewalk and drainage improvements along Kilauea Avenue, and electrical service. Thus, the applicant's request is consistent with surrounding land uses and zoning and the goals, policies and standards of the General Plan. All essential utilities and services are available to the site. Access to the property is from Kilauea Avenue, which is a two-lane paved County roadway with a northbound center left-turn lane fronting the subject property and grass shoulders, all within a 60-foot wide right-of-way. The General Plan identifies Kilauea Avenue as a secondary arterial street which requires a minimum right-of-way width of 80 feet, thus a 10-foot wide future road widening strip along the property frontage would be required -2- to meet the General Plan standard. The Department of Public Works (DPW)recommends improvements along the property frontage of Kilauea Avenue to include curb, gutter, sidewalk and pavement widening within the future road widening setback. Due to the subject property's close proximity to the Kilauea Avenue-Puainako Street intersection, DPW also recommends access be limited to right-in and right-out restricted by a physical barrier. According to the Institute of Transportation Engineers Trip Generation Manual, a 3,000 square foot general office building would generate about 5 trips during the a.m. and p.m. peak hour periods. However, to be consistent with the concurrency requirements of the Zoning Code, a condition of approval will require submittal of a Traffic Impact Analysis Report (TIAR) 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. County water is available from an existing 10-inch waterline fronting the property along Kilauea Avenue. The 10-inch waterline is capable of providing the required pressure of 2,000 gallons per minute of water flow for fire protection for commercial zoning. 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 commercial land use. There is no County sewer in the area and the property is situated in the Department of Health's Critical Wastewater Disposal Area. Thus, a septic tank system will need to be installed to service commercial uses on the property. 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. -3- Electrical and telephone services are available to the property. Police and fire services and medical services are available nearby in Hilo. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with uisabilmes Act (A1)A), among many otners. uompnance witn att appncante 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 Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -4- (•�� '� '•! II COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. (Picchyv-v.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 ;2`."`_'5 'r4!T ON),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 HOMESTEADS HOUSE LOTS, WAIAKEA,HAWAfl.COVERED BY TAX MAP KEY:2-2-040:108. 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 Hawaii 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 Homesteads House Lots,Waiakea,Hawai`i, shall be Neighborhood Commercial— 10,000 square feet (CN-10). Beginning at a point at the southwest corner of this parcel of land,being also the northwest corner of a Lot 9-B,being a Partition of a portion of Lot 9, Block 501, Grant 11,121 to Solomon K. Lalakea,Waiakea Homesteads House Lots,and on the easterly side of Kilauea Avenue,the coordinates of said point of beginning referred to Government Survey Triangulation Station"HALA`I" being 8,178.18 feet south and 9,565.75 feet east and thence running by azimuths measured clockwise from true south: 1. 175° 40' 68.38 feet along the easterly side of Kilauea Avenue; 2. 265° 40' 242.00 feet along the southerly side of Kilauea Avenue and a portion of Lot 10, Block 501, portion of Grant 9,102 to Mary K. Silva, Waiakea Homesteads House Lots; -1- 3. 355° 40' 69.65 feet along Lot 11-A-1-A,portion of Lot 11,Block 501, Grant 11,648 to Miss Michiko May Ham, Waiakea Homesteads House Lots; 4. 87° 10' 152.72 feet along Lot 9-B,being a Partition of a portion of Lot 9,Block 501, Grant 11,121 to Solomon K. Lalakea, Waiakea Homesteads House Lots; 83° 55' 89.37 feet along Lot 9-B, being a Partition of a portion of Lot 9, Block 501, Grant 11,121 to Solomon K. Lalakea, Waiakea Homesteads House Lots to the point of beginning and containing an area of 16,315 square feet revised more or less. All as shown on the map attached hereto,marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44,Hawaii County Code 1983 (2005 Edition),the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare;or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS -2- SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: e-teNT T1T/'YTT S1''i inrirffik cIfIT r!TTtT 11T: U A TTT A 114T , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- RS-10 CN-40 R5-10 E PUA(NAKO ST SINGLE FAMILY RESIDENTIAL-10,000 SQUARE FEET(RS-10)TO W p1 A(NAK�ST NEIGHBORHOOD COMMERCIAL-10,000 SQUARE FEET(CN-10) 15,315 SQUARE FEET CN-10 r RS N3 D C m CN-10 CN-10 5,175.75'5 125-10 0,55525 E HALA'!" RS-10 CN-10 R5-10 RS-10 N 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 HOMESTEADS HOUSE LOTS, WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY: TM K:(3)2-2-040:108 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:July 7,2016 EXHIBIT "A" Mahnke Mao: 1378 CMahnkeREZ.mjj 9/12/16 KRISTEN MAHNKE CHANGE OF ZONE APPLICATION (REZ 16-209) 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. 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 a 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 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. 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. E. 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. F. A ten(10) foot wide future road widening strip along the property's Kilauea Avenue frontage snail oe suouiviueu anu ueuicateu, at no cost to tne wunty, prior to tne 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. G. Driveway connection(s) to the Kilauea Avenue shall conform to Chapter 22, County Streets, of the Hawai`i County Code. Access shall be limited to right-in and right-out movements restricted by a physical barrier, due to the property's close proximity to the Puainako Street-Kilauea Avenue intersection. H. 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. 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. J. The method of sewage disposal shall meet with the requirements of the State Department of Health. K. 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. L. 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, tire, 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. M. 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. N. 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, Hawaii 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. O. The applicant, successors or assigns shall comply with all applicable County, State and Federal laws,rules, regulations and requirements. P. An initial extension of time for the performance of conditions within the ordinance may be granted by the Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. -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. Q. 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- ICU CY) ..Y.1 o N C L.0 ri ....0 N w (V w 2 O -_,-_-) rp v c 0_ W a.Q 4...J cu c.ti) 0 N • 1.- O C r6 t V Ayu �� ,\, ,,„ :: „,,..... ._._,...,_ . ,: ,...„,..,,,.... .T,.. :_: . . .., : , 'ts Witte ger ' ..,.'t�, ;we+rs ,A1 Win sa_mei gilt ii ' I 2 ▪ � -1-�� tlKIO 5T - ',-.-_,—,----1±-±::::01,_- �- :'atu�,,i yt w 1�-.. PILIPAASF -n- . r-.. - .- . L . I evi.creireirer ..' - _ AWAPUHt' {.-1 1 '�...•. - - -{<ANOELENUAAVE _ .. l SxU Sir-, 4- - . Jj- "T � KRAUEAAVE •t T j rTT'--.L_ , 2V \, 3\- -T'-'-,- 01 - -", liqull ,, It- r er,' "' �� �t ' . KrooeLe sr c J Vii ...-4 ( - ,,,„,s.,,,,..,, 4.< I- I _ n a. f ]..1. — ���a 9A _ ST TI- 811tt'tALA � -t ,,,,,..a.,,,,,..a.5_&,._ r �I _ AA:LII �Y t -tT11-'�filii Ii- r. _ , _ 2 '11/110 _Y TI-Tt 11' I _ l�' 1 g z NOHEAST,- 1i �� 6 C y }t a O 1 4 d Y W- Q� i t 0 ¢ NANIAKEAST ' SLI T I 0._.a..,, Y ANEtA 9' - - \ KANOSLANI ST. V \‘ I\r�/�ANI sr _J s e.�c POHAKUtANI ST PILIPAA ST I I , I I 0 ,kwoUNI ST Csil L9 U . , 3AVVIIH313ONV>1 3AVVI"'/N.3/30NtOi I . I .7 0) ILL • ..... I , , .--- , C 0 \ \ . N t, t, . z \ \ ',t 0 \ \ ' It i I 1 CI . •••= CO 16:t , \ it \I ro 2 , C 0 , • _ z , o 4.-.) , , co , , ,, 0 _ . KINOOLE ST L) m . 1 , .11 , `'PILI'- ' :: ase.: gVVAPOHI ST 4 , ,... ... ca. 12 4,,,,,„ . . CU � .i.L l...9 2 ... <0,,,,,, ... , wS c C N 0 J 0 M ro Y i Someo. ViC z. r.. _. - _....— KINOOLE ST r w (r.::0',-...,-,: e' - R: ..,` .. I la •, r ♦+ a • as ,-. , �' ' ; ! r♦•, `t ar . .1 4'^ . I. rye ` n 'T v ._ Zi • t x ... • • ♦ • s .416'.46 . • • C e, 1„. . p ??i S. • 6:1.11111 Vo O 1 arca ` 1! _ j 4 �a r t; '. f t#.. -.P.._�. t `am I L11 O ai 7-13 m 4=i LO O v O C a--) 1 - L 01U y- a) _c O0 O O E O \ p , N p -0N E .-c u ,.., .... el ) ro _c r0 — 4-) p, +J -0 >, v cvv -D 1 Z roc � -0 ti) iji Oo i .0 - 0- D E Ln in Ln v, _ o_ 1._ CT pv O +_, (13 a) v4-' O � DuvL -0 Ct C 85 v - 2 F .2 0 c v 0 4- ri _ ,_ c4:-._ 0 .y_.0 4 N v 1 t4— -- CU > 4.... �!1 p c -O O v p -1--) p ra (13 +-, ra 1- >` v) C v e.r'u v .� O O D (17 � co 01 v ` - a_.C 1-11 (13 .� - - CD O C (- (73 O v p 73 p au 1 01tz..). D a- U o p _CZ .c v O 0_, < rIU of HU vi ca_. . . Dt-t0 3NOZ 53e:IY W.l .._.„;._•_. .....4.. ......0CI0"OPC,MANl ant cog Al ms +d7` Yb 1 R � 3 :E- iI '.E .E. 4 • $ s. s lona 11 ! 4> �' RI% r arae !. T /� o: m7 alt t OP K aC2� !c1 Ii . t� =1 I T e 1 • ... r E i 1.11,1, V, 1 "goop I E � �• E n8 -I--' ? t C . i cou - . — �t t d a. , „, . • . :......_ I tt 1 Q2f1N?Atl 1f3fIY1CH • N F { ,' t l \\ V • `A4r 4 `( lit O • V O sem . L '-'°,,•4:.', % 4- t'"t r ,M1 O 4 Y +FN .. 4J ,,, 2 el b10 3 ' .� , l a) C O tj ' \ , '1".:: . 'f'-- ' ; .'7,-*.., a . ,,QJ illow ''' ' r , t ! ,i 'O 0.= r. D V) V A * 'C .v< • li ` ,;. i (V {A, ) +. ilk D } s7 ''�,t ��'e ': ., ro `� .3 i ...' 3 ..f fli i :.,i/ 0 C +} ��,_ .moi a) 01 os }> o p Cl. il if, i o ''f • ;1 'ci " I to o irk' C en 4 li < ‘'.4;, / ' ro fr (1) R .a "" y is .y,r '.. Y W c c \V ® 0 O O rD4-3L6 C C a) N E E E E u O O O c 'u V a) C 4� �/ : L O 0 t 11- O V -12 a) 0 _c o1 . 1= 0 LL ro WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT OCTOBER 6, 2016 A regularly advertised hearing on the application of KRISTEN MAHNKE (REZ 16-209) was called to order at 10:00 a.m. in the County of Hawai`i Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai`i with Chairman Gregory Henkel presiding. COMMISSIONERS PRESENT: Gregory Henkel, Joseph Clarkson, Donald Ikeda, Myles Miyasato, and Raylene Moses. ABSENT & EXCUSED: Donn Dela Cruz. ALSO PRESENT: Duane Kanuha (Planning Director), Molly Stebbins (Corporation Counsel for the Windward Planning Commission), William Brilhante (Assistant Corporation Counsel for the Planning Director), Malia Ho (Deputy Corporation Counsel), Jeff Darrow(Staff Planner), Maija Jackson(Staff Planner), Christian Kay(Staff Planner), and Sarah Hata-Finley (Commission Secretary). And 15 members from the public in attendance. APPLICANT: KRISTEN MAHNKE (REZ 16-209) Application 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 16,315 square feet of land. The subject property is located on the east side of Kilauea Avenue approximately 130 feet south of the Puainako Street- Kilauea Avenue intersection, Waiakea Homestead Houselots, South Hilo, Hawai`i, TMK: 2-2-040:108. HENKEL: Next on the agenda is No. 5, Kristen Mahnke, REZ 16-209. Maija? JACKSON: Thank you, Mr. Chair. Okay, the next application is also a request for a Change of Zone. The Applicant is Kristen Mahnke, and the subject property is located very close to the one you just heard for Oshiro. It's a little bit further north, so I think Oshiro was right here, and the Mahnke property is located here. You have Kilauea Avenue running in a north-south direction, and then Puainako Street running east-west. And, this is a closer image. You can see Puainako Street at the top of the slide, and Kilauea is located just to the west of the subject property which is outlined in black. It's the second lot from the Puainako Street-Kilauea Avenue intersection. And, the property is currently zoned Single-Family Residential which is shown in yellow, and it's located just behind the KTA Super Store in this area here, which is on land zoned Neighborhood Commercial. You also have Kai Store located across the street. 1 And, the General Plan designation for the property is Medium Density Urban as well as all the properties south of it along Kilauea Avenue on the east side. And, this is an aerial photo of the property. You can see there's a house kind of in the middle of the lot. That house has actually been demolished since this image was taken so the lot's currently vacant. The lot to the north is also currently vacant. This house was also demolished recently. So, you can see KTA Super Stores to the east. You have Kai Store to the northwest, and then the noodle factor is located just west of the property. The Applicant is requesting a Change of Zone from Single-Family Residential– 10,000 square feet to Neighborhood Commercial– 10,000 square feet for about 16,000 square feet of land. They're requesting a Change of Zone in order to construct a new single-story office building that will be about 3,000 square feet in size, and they plan to either rent the office building or use it for personal use. On-site parking and landscaping would be provided consistent with the Zoning Code. This is the Applicant's site plan. You have Kilauea Avenue on the left side of the slide and then a driveway into the property. You have parking up front and then the 3,000-square foot structure is located, is proposed to be located at the rear of the property. Oops, let's see—this is a view of the property taken from Kai Store looking southeast, so you can see KTA in the background and then the property is located in this area extending all the way back towards KTA. So, the driveway would generally be located in this area here. And, this is a closer-up version of the road, Kilauea Avenue. You can see there's a left-turn pocket, left-turn lane that provides storage for vehicles turning onto Puainako Street. And then this is a view looking north towards the Kilauea Avenue-Puainako Street extension—I mean intersection. You have the property on the right side of the slide in this general location here. The Planning Director is recommending a favorable recommendation be sent to the County Council for the request. Are there any questions? HENKEL: Mr. Clarkson? CLARKSON: Yes, can we go back to the site plan slide, please? What, can you explain the heavy dotted line on the southern—it's got a slight break in it. JACKSON: Here? CLARKSON: That one, yeah. JACKSON: I believe that is the building setback from the property line. CLARKSON: Okay, and where would the powerline be that is referred to in the letter from the manager of KTA? 2 JACKSON: I believe the powerline of the pole is near Puainako, and then the line extends along the rear property line between the subject property and KTA. CLARKSON: Thank you. HENKEL: Are there any other questions for staff? If not, will the Applicant and their representative, and/or their representative come forward? FUKE: Good morning, Mr. Chair. HENKEL: Good morning, Mr. Fuke. For the record, can I sign you in again? Would you raise your right hand— FUKE: —Sure— HENKEL: —And, do you swear or affirm to tell the truth on this matter now before the Planning Commission? FUKE: Yes, I do. HENKEL: Okay, thank you. FUKE: Chair—good morning, Mr. Chairman and Members of the Commission. Again, my name is Sidney Fuke. I live in Hilo. My business address is 100 Pauahi Street. The Applicant, Kristen Mahnke, is also over here. I'd just like to initially acknowledge that she has had a chance to review the staff's Background Report and the recommended conditions and found them to be acceptable. However, in light of what has transpired in the other application, then I guess in the interest of consistency, you know, she would want to respectfully request similar consideration for proposed condition—proposed condition number [sic] F. Just to kind of like back track just a pit partially to answer Commissioner Clarkson's question, you know, on the Ogasawara one, on the Pahoa Village, part of the reason why Public Works came about with that recommendation is that the alignment within the Pahoa Village area is not really fixed. You know, sometimes the road could be encroaching within the private property. Then again, it may not. We had a similar situation, not in Pahoa, but also up in the Kaumana area where the road actually wasn't a private property, and so there was conditions to make that kind of accommodation. Here on the Kilauea Avenue area, like in the House Lot's area, you know, where you have a grid-like type of, you know, subdivision, the road alignment is pretty fixed so people know where the centerline is unlike the Pahoa Village area. And, thus, like the Planning Director's initial recommendation is that in situations where you know that there is gonna be growth, that it becomes more prudent to have the Applicant in conjunction with the actual occupancy of the building, you know, put in their respective, do their respective share of improvements way up front. You know, at that time, and not kind of like defer it at some point in time. So, if you look at, as Director Kanuha accurately pointed out, if you look at the House Lots area, particularly on 3 Manono Street, you know, there was a generally commitment or understanding, you know, based on the General Plan that the whole area will be eventually commercialized, and so there were conditions imposed on all of the respective developers in that area that you put in curb, gutter, sidewalks. As you can see, on Manono Street and even portions of like where Big Island Candies is for example, and even on Kanoelehua—not Kanoelehua but Kekuanao`a Street where the new Urgent Center is gonna be, you can see curb, gutter, sidewalks coming up over there. And that—that, the curb, gutter, sidewalks section was imposed and made as a condition of the zone change and part and parcel of the occupancy of the building. And, so the theory behind that approach was that if there is a clear understanding that there's gonna be commercial activity, you know, in that whole area even though the zoning is currently residential, that at some point in time, it will be commercial, and so over a course of time, you will have curb, gutters, and sidewalks, you know, in that whole area unlike the Pahoa Village area, is kind of questionable. I think the Director accurately pointed out, and as you look at the General Plan map, there is some question as far as whether there should be further commercialization on the mauka side of Kilauea. On the mauka side of Kilauea, the staff pointed out on the General Plan Land Use Map, it's Low Density Residential, and so while you do have like one or two commercial zoning in that area, there is still an issue relative to the General Plan as far as a continued pattern of commercialization—commercial zoning rather, you know, on the mauka side, and so perhaps that's the reason why the Council came up with that type of alternative versus a clear standard of putting a curb, gutter, and sidewalk. Having said that, the Applicant, you know, is, was prepared to accept the, you know, the condition as proposed by the Director. However, in the light of consistency, it would be more prudent to go along with what the Commission had just recommended for the other application. HENKEL: Thank you. Are there any questions of the Applicant? Thank you, Mr. Fuke. And, I have no one 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. CLARKSON: Second. HENKEL: It's been moved and seconded to close public testimony. All in favor say, "aye." COMMISSIONERS: Aye. HENKEL: Opposed? Okay, that portion is closed. So, I would look for a motion for action with any amendments of the conditions included. My thoughts are that for consistency and to be fiscally responsible that improvements like this should be done all at once instead of piecemeal. CLARKSON: I agree. HENKEL: So, do we have a motion? 4 CLARKSON: Okay. HENKEL: Thank you, Mr. Clarkson. CLARKSON: I move that a favorable recommendation be forwarded to the County Council on the application for Change of Zone Docket No. REZ 16-209 based on the Planning Director's recommendations and findings which should be amended to be consistent with our previous two rezone considerations such that the road widening strip be subdivided and dedicated but that the improvements be delayed to the—until requested by the Department of Public Works at which time a pro rata share will be owed by the Applicant. HENKEL: Thank you. Is there a second? IKEDA: Second. HENKEL: It's been moved by Commissioner Clarkson and seconded by Commissioner Ikeda. Any discussion? Do we need to restate the motion or are we ready to roll call? Call the roll, please. JACKSON: Okay. Commissioner Clarkson? CLARKSON: Aye. JACKSON: Commissioner Ikeda? IKEDA: Aye. JACKSON: Commissioner Miyasato? MIYASATO: Aye. JACKSON: Commissioner Moses? MOSES: Aye. JACKSON: And Chair Henkel. HENKEL: Aye. JACKSON: Okay, the motion carries five, zero. 5 The discussion ended at 10:13 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 6