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COM 0017.000 2016-2018
-JMtvu►��!►*'. �yltN •• • .' ,, William P. Kenoi :6�; . :• Mayor -= s � Acting Managing Director CIuuuf3 of�. t`i (!ffirr of fir Azvrir 25 Aupuni Street,Suite 2603 • Hilo,Hawai'i 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg.C • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)323-4440 November 15, 2016 o. c:: _ Dru Kanuha, Council Chair w and Members of the County Council County of Hawai`i 25 Aupuni Street .� Hilo, HI 96720 • :I::: *• Dear Chairman Kanuha and Members: SUBJECT: Change of Zone Application (REZ 16-000212) Request: RS-10 to CG-10 Applicant: Tram Ngo Tax Map Key: 2-2-025:012 As required by Chapter 7, Sec. 6-7.5 (a), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letter and enclosures regarding the above-referenced request. S'• - `\'P.,„,,,,, WILLIAM P. KENOI Mayor MTransCouncilNgoREZ 16-212 Enclosures cc: Planning Department IN t‘ al Comm. Ref.To: Ref.Dane County of Hawai'i is an Equal Opportunity Provider and Employer. M<Y Oi • William P.Kenoi ', Gregory Henkel,Chair • Mayor ;*i +;'�/�:• ; Myles Miyasato,Vice Chair : : Joseph Clarkson Donn Dela Cruz Donald Ikeda Raylene Moses County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 NOV 1 5 2016 Dru Kanuha, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and Council Members: SUBJECT: Change of Zone Application (REZ 16-000212) Applicant: Tram Ngo Request: RS-10 to CG-10 Tax Map Key: 2-2-025:012 The Windward Planning Commission, at its duly held public hearing on November 3, 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 General Commercial-10,000 square feet (CG-10) zoning district for 16,911 square feet of land. The property is located on the west side of Kilauea Avenue approximately 90 feet south of the West Lanikaula Street—Kilauea Avenue intersection, Waiakea Houselots 2nd Series, South Hilo, Hawai`i. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant is requesting a Change of Zone from Single-Family Residential - 10,000 square feet (RS-10) to General Commercial - 10,000 square feet (CG-10) for approximately 16,911 square feet of land in order to convert an existing 2-story residence into a beauty salon and personal services building. On-site parking and landscaping would be provided as required by the Zoning Code. Hawai`i County is an Equal Opportunity Provider and Employer Dru Kanuha, Council Chair and Members of the County Council Page 2 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 CG-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 CG-10 district conforms to the LUPAG Map, which designates the property and the surrounding area as High Density Urban. Such designation allows general commercial, multiple family residential and related services (multiply family residential- up to 87 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 adjacent to Kilauea Avenue between W. Lanikaula Street and W. Kawili Street. All of the properties extending 400 feet north of W. Lanikaula Street on both sides of Kilauea Avenue are zoned General Commercial (CG). In 2009, the property directly north on the subject property was rezoned from RS-10 to CG-10, similar to the applicant's current request. It is currently being used as a real estate office. To the south is a dental office operating within an existing dwelling that was established by Use Permit in 1995. Further south, west and north are residences on lands zoned RS-10. This area along Kilauea Avenue is a southern extension of the Downtown Hilo general commercial district. Dru Kanuha, Council Chair and Members of the County Council Page 3 The applicant will provide basic infrastructure needed to support commercial uses such as County potable water, connection to the County sewer system, a future road widening strip, reconstruction of the existing damaged sidewalk to full-width concrete sidewalk 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 sidewalks, 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 Planning Director recommends the applicant subdivide and provide this future road widening strip at no cost to the County when required by the Department of Public Works (DPW). Additionally, the DPW recommends that the applicant reconstruct the damaged sidewalk fronting the subject property to a full-width concrete sidewalk and curb prior to the issuance of a Certificate of Occupancy for any commercial uses on the property and install any streetlights or traffic control devised that may be required by the Traffic Division. According to the Institute of Transportation Engineers Trip Generation Manual, a 1,800 square foot hair salon would generate about 4 trips during the a.m. and p.m. peak hour periods. 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. Dru Kanuha, Council Chair and Members of the County Council Page 4 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. The applicant will be required to connect to the County's existing municipal sewer system. There are no municipal solid 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 General Commercial - 10,000 square feet (CG-10) zoned district would result in an appropriate land use pattern that would further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. Dru Kanuha, Council Chair and Members of the County Council Page 5 We are enclosing copies of the staff Background, Planning Director's Recommendation, the Power point presentation and a draft transcript of the hearing for your information. Sincerely, Gregory Henkel, Chairman Windward Planning Commission LNgoREZ 16-212wpc2 Enclosures cc: Sidney M. Fuke, Planning Consultant Tram Ngo Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD William Brilhante, Esq., Corporation Counsel BNgoREZ.mjj-10/13/16 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT TRAM NGO CHANGE OF ZONE APPLICATION (REZ 16-212) TRAM NGO has submitted an application for a Change of Zone from a Single-Family Residential-10,000 square feet (RS-10) to a General Commercial-10,000 square feet(CG-10) zoning district for 16,911 square feet of land. The subject property is located on the west side of Kilauea Avenue approximately 90 feet south of the West Lanikaula Street- Kilauea Avenue intersection, Waiakea Houselots 2"1 Series, South Hilo, Hawaii, TMK: 2-2-025:012. PROPOSED ACTION 1. Applicant's Request: Change the zoning district from Single-Family Residential— 10,000 square feet(RS-10)to General Commercial— 10,000 square feet(CG-10) for 16,911 square feet of land. According to the Zoning Code, the General Commercial district applies to an area suitable for commercial uses and services on a broad basis to serve as the central shopping or principal downtown area for a city or a region. No CG district shall be established until there is a demonstrated need for such action and no two CG districts shall be established in such relationship to each other that they cannot act as one center and yet are too close together to serve two distinct regions. Requirements for establishing a land use in the CG district, including a list of the variety of permitted land uses, are shown in Section 25-5-110 to 118 of the Zoning Code. (Planning Department Exhibit 1 —Zoning Code Requirements for General Commercial Districts) 2. Proposed Development: The applicant requests the change of zoning to CG-10 in order to convert the existing residence into a beauty salon and personal services building. On- site parking and landscaping would be provided as required by the Zoning Code. (P.D. Exhibit 2-Letter dated October 10,2016 from Sidney Fuke amending change of zone request from CN to CG zoning district) (P.D. Exhibit 3 - Change of Zone Application dated July 2016) -1- 3. Landowners: Chanh Nguyen and Tram Ngo. STATE AND COUNTY PLANS 4. State Land Use District: Urban. 5. General Plan LUPAG Map Designation: High Density Urban, which allows general commercial,multiple family residential and related services (multiply family residential- up to 87 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 RM-4 zoning for multi-family residential development. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 8. Subject Property: The property is rectangular in shape with about 88 feet of frontage along Kilauea Avenue and it is about 200 feet deep. The topography is fairly level. According to tax records there is an existing 2-story dwelling on the property that was built in 1938. The dwelling is 916 square feet in size with a 912-square foot ground level basement and 440-square foot garage. The dwelling was built prior to the first Zoning Code and therefore has a non-conforming side yard setback along the northern property line since the 5 foot setback does not conform to the current setback requirements in the Zoning Code for RS zoning. 9. Surrounding Land Uses/Zoning: The property is surrounded by a mix of commercial and residential uses. The Department of Land and Natural Resources Nursery and Arboretum are directly across Kilauea Avenue to the east of the property on land zoned Open. To the south is a dental office operating within an existing dwelling that was established by Use Permit in 1995. Further south, west and north are residences on lands zoned RS-10. Directly north of the property is a real estate office within and existing dwelling on land zoned CG-10. Further north across Lanikaula Street are restaurants and a dental office complex on lands zoned CG-10 and CG-20. -2- 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 due to the long-time residential use of the property and the urban character of the surrounding area. It is unlikely that rare or 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 1930's with a residence. There are no known historic sites on the property as listed on the State or National Register of Historic Places. In a letter dated August 26, 2016, the State Historic Preservation Division(SHPD) determined that no historic properties would be affected by the proposed rezoning since the site has been in residential use and has been significantly altered. 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 1,800 square foot hair salon would generate about 4 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 sidewalks, 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 the applicant or its successors provide a pro-rata share for improvements along the property frontage of Kilauea Avenue to include curb, gutter, sidewalk and pavement widening within the future road widening setback. The pro-rata share would be -3- determined by DPW and would become payable to the County prior to the County initiating a project for the installation of curb, gutter and sidewalk improvements along the road frontage in proximity to the subject property. The DPW also recommends that the applicant reconstruct the damaged sidewalk fronting the subject property prior to the issuance of a Certificate of Occupancy for any commercial uses on the property and install any streetlights or traffic control devised that may be required by the Traffic Division. 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(DWS)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. The DWS also recommends a reduced pressure type backflow prevention assembly be installed. 17. Wastewater: The subject property is accessible to the County sewer and is situated in the Department of Health's (DOH) Critical Wastewater Disposal Area. The Department of Environmental Management has indicated that any existing or new structure is required to connect to the public sewer in accordance with Section 21-5 (Sewers) of the County Code. 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 4-August 25, 2016 memo -4- 21. Department of Public Works- Engineering Division: P.D. Exhibit 5- September 15, 2016 memo 22. Fire Department: P.D. Exhibit 6-August 23, 2016 memo 23. Department of Environmental Management- Wastewater Division: P.D. Exhibit 7- August 12,2106 memo 24. State Department of Land and Natural Resources- SHPD: P.D. Exhibit 8-August 26, 2016 memo 25. DLNR-Land and Engineering Divisions: P.D. Exhibit 9-August 30,2016 memo AGENCIES -NO COMMENTS OR OBJECTIONS 26. State Department of Health, Police Department, Department of Environmental Management- Solid Waste Division. AGENCIES-NO RESPONSE 27. Department of Public Works- Building Division, Real Property Tax Office. APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 28. P.D. Exhibit 10: Letter from Sidney Fuke dated September 6, 2016 responding to Department of Water Supply and State Historic Preservation Division comments. PUBLIC COMMENTS 29. None as of the time of this writing. -5- § 25-5-110 HAWAII COUNTY CODE Division 11. CG, General Commercial Districts. Section 25-5-110. Purpose and applicability. (a) The CG (general commercial)district applies to an area suitable for commercial uses and services on a broad basis to serve as the central shopping or principal downtown area for a city or a region. (b) No CG district shall be established until there is a demonstrated need for such action and no two CG districts shall be established in such relationship to each other that they cannot act as one center and yet are too close together to serve two distinct regions. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-111. Designation of CG districts. Each CG (general commercial) district shall be designated by the symbol "CG" followed by a number which indicates the minimum land area, in thousands of square feet, required for each building site. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-112. Permitted uses. (a) The following uses shall be permitted uses in the CG district: (1) Adult day care homes. (2) Amusement and recreation facilities, indoor. (3) Art galleries,museums. (4) Art studios. (5) Automobile service stations. (6) Automobile sales and rentals. (7) Bars, nightclubs and cabarets. (8) Bed and breakfast establishments, as permitted under section 25-4-7. (9) Boarding facilities, rooming, or lodging houses, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (10) Broadcasting stations. (11) Business services. (12) Car washing, provided that if it is mechanized, sound attenuated structures or sound attenuated walls shall be erected and maintained on the property lines. (13) Catering establishments. (14) Cemeteries and mausoleums, as permitted under chapter 6,article 1 of this Code. (15) Churches, temples and synagogues. (16) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the cleansing agent. (17) Commercial parking lots and garages. (18) Community buildings, as permitted under section 25-4-11. (19) Convenience stores. (20) Crematoriums, funeral homes, funeral services, and mortuaries. (21) Crop production. (22) Day care centers. (23) Display rooms for products sold elsewhere. (24) 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. (25) 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. (26) Dwellings, single-family. Planning Dept. Exhibit, § 25-5-112 HAWAII COUNTY CODE (27) Equipment sales and rental yards, and other yards where retail products are displayed in the open. (28) Family child care homes. (29) 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. (30) Financial institutions. (31) Group living facilities. (32) Home occupations, as permitted under section 25-4-13. (33) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and other similar uses. (34) Hotels. (35) Ice storage and dispensing facilities. (36) Laboratories, medical and research. (37) Laundries. (38) Light manufacturing,processing and packaging, where the only retail sales outlet for products produced is on the premises where produced. (39) Medical clinics. (40) Meeting facilities. (41) Model homes, as permitted under section 25-4-8. (42) Neighborhood parks,playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (43) Offices. (44) Personal services. (45) Photography studios. (46) Public uses and structures, as permitted under section 25-4-11. (47) Printing shops, cartographing and duplicating processes such as blueprinting or photostating shops. (48) Repair establishments, minor. (49) Restaurants. (50) Retail establishments. (51) Schools. (52) Telecommunication antennas, as permitted under section 25-4-12. (53) Theaters. (54) Time share units. (55) Utility substations, as permitted under section 25-4-11. (56) Veterinary establishments. (b) In addition to those uses permitted under subsection(a) above, the following uses may be permitted in the CG district,provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses,provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the state land use agricultural district unless approved by the County before July 1, 2005. (2) Major outdoor amusement and recreation facilities. (3) Yacht harbors and boating facilities. (c) Residential uses in connection with the operation of any permitted use shall be permitted in the CG district. § 25-5-112 HAWAI`I COUNTY CODE (d) Buildings and uses normally considered accessory to the uses permitted in this section shall also be permitted in the CG district. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999; Am. 2012, Ord. No. 12-28, sec. 13; Am. 2014, Ord. No. 14-86, sec. 11.) Section 25-5-113. Height limit. (a) The height limit in the CG district shall be forty-five feet, except in those areas designated in subsection(b)below. (b) The height limit in the City of Hilo shall be one hundred twenty feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999; Am. 2002,Ord. No. 02-88, sec. 2.) Section 25-5-114.Minimum building site area. The minimum building site area in the CG district shall be seven thousand five hundred square feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-115. Minimum building site average width. Each building site in the CG district shall have a minimum building site average width of sixty feet. (1996, Ord.No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-116. Minimum yards. The minimum yards in the CG district shall be as follows: (1) Front or rear yards, fifteen feet; and (2) Side yards, none, except where the adjoining building site is in an RS, RD,RM or RCX district. Where the side yard adjoins the side yard of a building site in an RS, RD, RM or RCX district, there shall be a side yard which conforms to the side yard requirements for dwelling use of the adjoining district. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-117. Landscaping of yards. (a) All front yards in the CG 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 CG 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. 12.) Section 25-5-118. Other regulations. (a) Plan approval shall be required for all new structures and additions to existing structures in the CG district, except for construction of one single-family dwelling and any accessory buildings per lot. (b) Exceptions to the regulations for the CG 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. 13; Am. 2015, Ord. No. 15-33, sec. 4.) SidneyFuke, Planning Consultant r,1 I6 •Planning•Variance•Zoning air 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 T 1 Dni 7 71 Telephone:(808)969-1522•Cell:(808)989-0640 •Subdivision•Land Use Permits E-mail:sidfuke@hawaiiantel.net •Environmental Reports October 10, 20i6,-. , r ..i�' Mr. Duane Kanuha, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo,HI 96720 Dear Mr. Kanuha: Subject: Rezoning Application(REZ 16-000212) Tram Ngo,TMK: 2-5-047: 031 This is to follow up on my discussion with Ms. Maija Jackson of your office regarding the subject matter. Inasmuch as the adjoining property is zoned General Commercial (CG)and the General Plan Land Use Pattern Allocation Guide map designates the subject property High Density Urban,we concur that it would be more prudent to have the requested zoning of subject property be CG-10 instead of CN-10. Accordingly, we respectfully request your favorable consideration in having the applicant's request be amended from CN-10 to CG-10. It is further understood that whether CN or CG,the applicant's plan on having the site used for commercial office or retail would generally be the same. Nonetheless,the CG zone allows a slightly more extensive array of commercial uses than the CN zone. Please be informed that in the upcoming notice to surrounding property owners, it will also indicate that the requested zoning has been amended to CG-10. Thank you very much for your consideration of this matter. Should you have any questions on this application,please feel free to contact me. Sincerely, G\\1 -fX,\A\N SIDNEY M. FUKE Planning Consultant Copy—Ms. Tram Ngo via email 1 cri A 74.1-P.'• 'r'.1 1-''. t Planning Dept. °FL Vial , - Exhibit ?';IS 5, n t! (?7 APPLICATION FOR COUNTY REZONING (RS-10 TO CN-10) APPLICANT: TRAM NGO Waiakea House Lots, 2' Series South Hilo, Hawaii TMK: . (3) 2-2-025: 012 Prepared For: Tram Ngo Prepared By: Sidney M. Fuke, Planning Consultant July 2016 Planning Dept. . Exhibit 3 CHANGE OF ZONE APPLICATION Is J i;` 7r, m u n COUNTY OF HAWAII ;-L PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Tram Ngo APPLICANT'S SIGNATURE: Cik,e‘ t., DATE: 7/01/2016 ADDRESS: 2357 Kilauea Avenue, Hilo, Hawaii 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: Owner LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (808)989-3338 (Res.) (Fax) LANDOWNER(S): Tram Ngo and Chanh Nguyen LANDOWNER SIGNATURE(S): DATE:7/01/2016 (May be by letter) LANDOWNER(S) ADDRESS: 2357 Kilauea Avenue, Hilo, Hawai'i 96720 REQUEST: RS-10 TO CN-10 Existing zoning) (Proposed Zoning) TAX MAP KEY: 2-2-025: 012 STREET ADDRESS OF PROPERTY: 1516 Kilauea Avenue SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 16,909 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: Tram Ngo 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? I. 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- 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: 2357 Kilauea Avenue Telephone: 989-3338 Date: July 1,2016 -5- 6338A/50A P. D. 5/84 COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST - RS-10 to CN-10 TRAM NGO WAIAKEA HOUSE LOTS, 2ND SERIES, SOUTH HILO, HAWAII TAX MAP KEY: (3) 2-2-025: 012 INTRODUCTION Ms. Tram Ngo ("Applicant") is requesting the rezoning of a parcel of land consisting of 16,911 square feet from Single-Family Residential (RS-10) to Neighborhood- Commercial (CN-10) in the City of Hilo, Hawaii. The subject site fronts the west side of Kilauea Avenue, approximately 100 feet south of its intersection with Lanikaula Street at Waiakea Houselots, 2nd Series, South Hilo, Hawai'i, TMK: (3) 2-2-025: 012. There is an existing real estate office within a single-family dwelling immediately to the north, while the State Department of Land and Natural Resources Nursery and Arboretum is situated directly of the subject site. If successful, the Applicant plans to renovate the 2-story, 1,800+/- square • foot residence into a personal service/beauty salon. II. PROJECT LOCATION As noted earlier, the subject site consists of 16,911 square feet and is identified by TMK: 2-2-025: 012. The site fronts the west side of Kilauea Avenue, about 100 feet south of Lanikaula Street. (Figures 1 & 2) In the immediate vicinity and especially north of the subject site, the area fronting Kilauea Avenue is predominantly commercial in character. Adjacent to the dwelling to the north is a real estate and insurance office in a converted dwelling. At the Lanikaula Street/Kilauea Avenue intersection, there are also offices and a small shopping complex. There is a dental office south of the subject site. 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 convert an existing, 2-story, vacant single- family residential structure into a beauty salon and personal services building. The applicant believes that the location is suitable for her clientele. It is not only close to other commercial uses but quite accessible. 1 j ; I. 1 s� F ? i I �F __— r KUH1i� BAY; i 'e�l�virwow ` .• I I rirr''' N 1 , 1fr .�. • . ,--?,rte.l'` �R'�y�,. � f - j ' , -�-�/ _ *- - 11 i= .,rah +. , : :_.,N -• J .lam" Z=-� • _ -i.__.__. 'i-- __.._ _ -_ ._..._Ty-.._.... I .i...- - _i. • e # 4 _d-,_.-. .,..<t> 4414 pa; 1 '! _ _. ' .... \ .o {' , 11.-'.i..: x >v.,./ 1tw (ri 1 . �.!� .i' I1Ir \ '. " iyy, ,, - .........:______„:. .H....„..„. , ,,.., ._ii ,..- , —1- \ 1 1 .., . t!!!iIII? ' _... r f �' _*; 1�' '11.WA ! ,. ,: .,,,i: : 1 I ja 0 L< fir! _.. .r \1010,'-,„„,...,e.,*,.• pirlit I< , -.M4ii ...,0 : ; , ithi. .•cr.-..ke .. ' I:a' ,;I:::4W-i,` , ''...4411 ' 1111111111 1 it A, : .4;„;...1.74 •Iir •pp. ,,, ii.- pr_i5,Mii NMI MI Mil& V S � SUBJECT ç4 # t (- SITE ,.>",,-* %, v,,,,,,r; r 1 „lb, 1 ! , , i . . .6/44: I # I __ C ', I 1 i , i ). i i I } i e i Kf; 1• Y`�` ` tia� 111 Willi ri.,._. a, `-'�!�” " ! r. , it .. __ -...--.— _-.._.__.__ �P .._L_ .. _. ! . it. :. -, E'. 'rel�•\"'� y �'� -I Pt ^_ �� I lc ta I SE. i i \ I•• I i 1 t: fj, ' `{. • \l , ' I ,-. - 7 ( I iII i;•. , t 'a , i 1 , 1111 . • • i4L! L -11 FIGURE 1 • • f fC /ON 4 K.ou 3.b. !Of{. R.R./MN' 6RS-4o40 k GR. 3-/g0S3 • R. S-/C.034 I um fv ,aq N • o _. —'� 1 fgi'�S4r3 O it E V , ± i; Ay; Q r ` Q Zv ? �}��v tt a 4' i,• . o i.•¢ i a A 3 /0 t a 1' F :}�At $ 4 :L . ? • s z : I� i. o -. i tr A y; y : 4 e 01 Z1 '< �, y b o • • ..... �°I > v 3 v i 00 1i �' ` A A G b 'i I ,y 0 O v. ii t: r 4 . a .r -ft 4 ®I .,.,n ,u.A o mal /..;,1 _� ..lie 11.4.0 y ' \....._ K/NOOLC' 57 41 4,40. IR. or.• 1p, 41µ.4. r ...., ps ea.* r ...a N, Ft 11.... ::::N I;y r! u ? RSI 4 Y cti ij 3 a r. _1 A o A� u .. ••� •A Y A I I � `a y Q A b y N » ♦ii 1 ,, I, ( ti. n a o 2�-. j n o.. "` ? ` N M b «� ° c° `e m`w, 3n n } ° R. h. "�Y - A O i e ¢ on o A h N. a s ,� ;4 tt ,y, ., W- ; n �' ® __ ik! 4::;,!j .1._.j i _KwiA - i .+7f 4 o f ry a 11 13 ai 4 A 0 • m A F a c A 3ai C 6 \ h o .`y b oto to ' 3. „ 2.X 1S,� t h. it ` 'q = • i 0•0 N 0'* . b t it ; s3 i ; +DA It °s v ` p o i' '4r ..`1.tit: . i \ in � a �. in • v P F o Y.� b .c.. -, 1 PI i a NA.`X76__� ti 7��, w,v B P j a ki a b. il / .x:. ® A.'. k ..3 K/LA UFA - ..p if t c C '"LAT 2 i.' SUBJECT SITE• ^a 7 y+ ' , • e u.21\) _ ws r i \ ?oN i• N G2 i +� LPc z N FIGURE 2 Tentative plans include converting the ground level basement for storage, while the second floor would be used for the personal service use. As proposed, there would be a minimum of sixteen (16) parking stalls. However, it may have to be revised to include at least one (1) handicapped stall. At any rate, there should be more stalls than what would normally be required for an 1,800 square foot structure. Additional landscaping consistent with Planning Department Rule No. 17 would be installed around the perimeter of the subject site. It should be noted that the structure is currently non-conforming relative to the north side yard setback. The structure is currently set back approximately five (5) feet from the property line, while the current RS-10 zoning requirement calls for ten (10) feet. In the event the rezoning is approved and structure is expanded, the applicant understands that there would be no side yard setback along this side, as the adjoining property is zoned Commercial Neighborhood (CN-10). However, the structure would have to meet the requirements of the Building Code. The structure is currently setback about fifty (50) feet from Kilauea Avenue. (See Figure 3) Access to the site would be from the single permitted access along Kilauea Avenue. It should be emphasized that the proposed layout, especially the parking, is preliminary and may be adjusted to accommodate the 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 renovating the structure within the next year. The estimated cost of this project is $150,000. 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 2 i 4 zn F ! u la I I 0% 1 , I r3 > Tn I 'i. i, O - >; I k 24' k —INI A Z � I I qu AI ru 00 ( b - - . g I " to 0� � � ,� I I - o = o 1;0 lj ``, i — — - — N r I t * 1 24' ,i 4 I O I 1 � a 4 ` k�1 It > 0 , ,N . Q1/ � � --I /t1 I r { 0� y, 5 7,Z nil III v ; py N N I i'b 1 -< u 1 t.1 V L___ 24 '1 _ tt o 88 2, _ i q /5/6 Ki —,-4.- 5: =_Li z .. Avz retkNIA___3.. FIGURE 3 (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 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 internal growth of Hilo and its outlying areas like Puna have rendered many of the planning assumptions of the CDP obsolete. For example, since the adoption of the Hilo CDP, there have been significant land developments in the City of Hilo, including the shopping complexes in and around the Puainako/Kanoelehua Intersection, expanded commercial uses near the University complexes and commercial/industrial uses along the southern portion of the Waiakea Houselots area. 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. 3 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. 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 16,911 square foot site is generally rectangular in shape. It has an approximate width of 88 feet and an approximate depth of 190+1-feet. There is an existing, vacant single-family residential dwelling on the site. The structure has two (2) stories, with the ground level being used as a basement. The existing residential type of vegetation, with some fruit and ornamental trees particularly at the rear of the property, still exists. 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 4 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. 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 The site is situated over a mile from the ocean, and is located just outside of the Civil Defense's Tsunami Evacuation Zone. The evacuation line in this area is set at Lanikaula Street. 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 5 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 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 so, the entire property has been used residentially for nearly 75 years. 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. There is a lawn and other non-native plant species on the site, such as ti-leaf and some citrus trees. None of these are endangered or endemic. F. Historic/Cultural/Archaeoloqical 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 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, 6 and natural resources and associated traditional and customary practices of this site. 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 nearly 75 years and landscaped with a lawn and other introduced species, 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. Although there is a sewer line fronting the site along Kilauea Avenue, the existing dwelling has not been connected to it. Should the request be approved, the project will be required to connect to the line. Thus, this disposal system 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 Lanikaula Street, however, heavily influence manmade noise in this area. Both of these streets are major cross-town streets. Kilauea Avenue, in this area, was formerly a 4-lane, divided highway. However, it has since been converted into 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, because the existing structure will be used, there should be no significant, if any, visual impact other than what exists today. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land uses in the immediate area are predominantly a mixture of commercial and residential uses. There is a real estate office adjacent to and north of the subject site. Beyond that office, there is a small shopping complex. There is also a medical/dental office building on the northeastern corner of Lanikaula Street and Kilauea Avenue. There is also a dental office just south of the subject site. As such, while the requested use would be consistent with the design and scale of the immediate area, the proposed use could still generate some impact to the residences. To mitigate these impacts, design and construction factors such as the placement of the parking area, any additional 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 property for residential uses could avail themselves to some tax 9 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. There has been residential use of the site for nearly 75 years. Further, 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, if and when it is deemed needed. The Applicant understands that a curb, gutter, sidewalk section fronting the property may also need to be improved as a condition of the zone change. Because of the site's proximity to the intersection of Lanikaula Street and Kilauea Avenue, 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 beauty shop, unlike a retail establishment, generally generates less turning movements or traffic than a retail shop, particularly for a building with about 1,800 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 an 1,800 square foot personal service building, the projected movements would be only three (3). Further, of these projected maximum three (3)AM/PM movements, at least one (1) or two (2) movements would be right turn 10 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, as there is a dedicated left turn lane fronting the subject property. 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 a County sewer system in this area. Although the existing dwelling is not hooked up into this system, it would for this project. 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 (personal service) 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 There is a Fire Station and Emergency Medical Services are located within a 5-minute response area. 11 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 continued single-family residential use. However, given the area of transition and significant traffic along Kilauea Avenue and Lanikaula Street and proximity to the University, a higher density residential use may be feasible. 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 ail issue. The likelihood of finding archaeological 12 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, an improved curb, gutter, and sidewalk section fronting the site can be done. Likewise, the Applicant, if required, is prepared to make on-site drainage improvements to accommodate the planned parking area. 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 and west. 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 single-family residential use, with a potential construction of an additional unit via the Ohana zoning process. At any rate, 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. 2. Development Based on Existing RS-10 Zoning Under this alternative, the land could not be further 13 subdivided. However, an additional dwelling through the "Ohana" concept could be constructed, resulting in a total density of two (2) homes. Howevei;, the site's proximity to commercial uses and the heavily traveled Kilauea Avenue and Lanikaula Street would make it less desirable for more intensive residential uses. Higher residential uses, while locationally feasible because of the proximity of the University, would generate more traffic AM hour conflicts. 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 and AM peak hour traffic, 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 and potential AM peak hour traffic 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 residential scale 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, which includes personal services use. 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 17 by adequate infrastructure, and where there are not, will be extended and/or provided by the Applicant. 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, 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 weH 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 and west of the subject site. Finally, the standards for an office/personal services 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 oA „'N1- 1p', o • C,. '�. rir DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII ., � '0 ` 345 KEKOANA�'A STREET, SUITE 20 HILO, HAWAII 96720 CIF MVO' TELEPHONE (808) 961-8050 • FAX (808) 961-8657 CT" 25, 2016 1, No 7) TO: Mr. Duane Kanuha,Director Planning Department .' c FROM: Keith K. Okamoto, Manager—Chief Engineer =; SUBJECT: Change of Zone Application(REZ 16-000212) Applicant: Tram Ngo Request: RS-10 to CN-10 Tax Map Key 2-2-025:012 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. t. SCANNED� -,...,� i Planning Dept. p27`�J (� Water, Our7biost tTrecious source . . . '1�a WaiA Kane . . . , {L -..- Exhibit_ ' .,. The Department of Water Supply is an Equal Opportunity provider and employer. Mr. Duane Kanuha, Director Page 2 August 25, 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, 610/44441 Keith K. Okamoto, P.E. Manager—Chief Engineer TS:dfg copy— Mr. Sidney M. Fuke, Planning Consultant DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII H I LO, HAWAI I DATE: September 15, 2016 _� NeMOUtatearn -n TO: Duane Kanuha, Planning Director 31 416 FROM: y Department of Public Works, Engineering Division = J SUBJECT: CHANGE OF ZONE APPLICATION (REZ 16-000212) Applicant: Tram Ngo Request: RS-10 to CN-10 Planning Dept. Tax Map Key: 2-2-25: 012 Exhibit Jt' We have reviewed the subject application forwarded by your memo dated August 3, 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. We recommend the damaged sidewalk fronting the subject property be reconstructed prior to the issuance of a Certificate of Occupancy for any commercial use on the property. We also recommend a ten (10) foot wide future road widening strip along the property's Kilauea Avenue frontage be delineated on the plans submitted for Plan Approval review and dedicated, at no cost to the County, when required by the Department of Public Works. The applicant shall provide their pro-rata share for the construction of full improvements to 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 approval of the Department of Public Works. This pro-rata share for roadway improvements specified in this condition shall be determined by the Department of Public Works and shall be payable to the County of Hawaii within six (6) months from the date that formal notice is served upon the applicant, its successors or assigns regarding a program for the installation of curb, gutter and sidewalk improvements along the frontage of Kilauea Avenue in proximity to the subject property. 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. SEP 19 2016 Questions may be referred to Kelly Gomes at ext. 8327. 107.5.9 5 County of Hawaii is an Equal Opportunity Provider and Employer William P. Kenoi =gyp;?" '!rs' Darren J. Rosario Mayor Fire Chief 1:1" • .1,116 �1ir+ r)IJ r'Tl 7 Lr / - Renwick J.Victorino 4;;.; Deputy Fire Chief (Couutp of Jatuat`t HAWAII FIRE DEPARTMENT 25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720 (808)932-2900•Fax(808)932-2928 August 23, 2016 TO: DUANE KANUHA,PLANNING DIRECTOR FROM: DARREN J. ROSARIO,FIRE CHIEF SUBJECT: Change of Zone Application(REZ 16-000212) Applicant: Tram Ngo Request: RS-10 to CN-10 Tax Map Key:2-6-008:026& 0272-2-025:012 In regards to the above-mentioned Change of Zone application,the following shall be in accordance: NFPA 1,UNIFORM FIRE CODE,2006 EDITION Note: Hawai`i State Fire Code, National Fire Protection Association 2006 version, with County of Hawai`i amendments. County amendments are identified with a preceding "C--" of the reference code. Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature,or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult,or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including, but not limited to, additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. 18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be ,r �_ submitted to the fire department for review and approval prior to construction. �,r wa Planning Dept. tilif Exhibit 10 7 2 0.5iirr` Hamai'i County is an Equal Opportunity Provider and Employer. Duane Kanuha August 23,2016 Page 2 C�18.1.1.11 Fire Hydrant use and Restrictions.No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department, or company that owns or governs that water supply or system. Exception: Fire Department personnel conducting firefighting operations, hydrant testing, and/or maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2* Access to Structures or Areas. 18.2.2.1 Access Box(es). The AHJ shall have the authority to require an access box(es) to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments.The AHJ shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access Maintenance. The owner or occupant of a structure or area,with required fire department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads. (*may be referred as FDAR) 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility,building, or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes,parking lots lanes, or a combination thereof. 18.2.3.1.3* When not more than two one- and two-family dwellings or private garages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft2 (37 m2)or less are present, the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. Duane Kanuha August 23,2016 Page 3 18.23.1.4 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. 18.23.2.1.1 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 23,2016 Page 4 18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not adequate to accommodate fire apparatus. C- 18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and maintained to support the imposed loads (25 Tons) of the fire apparatus. Such FDAR and shall be comprised of an all-weather driving surface. 18.2.3.4.3 Turning Radius. C-18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30 feet,and a minimum outside turning radius of 60 feet. 18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width. 18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft (46 m) in length shall be provided with approved provisions for the fire apparatus to turn around. 18.2.3.4.5 Bridges. 18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall be constructed and maintained in accordance with county requirements. 18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. 18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the AHJ. 18.2.3.4.6 Grade. C— 18.2.3.4.6.1The maximum gradient of a Fire department access road shall not exceed 12 percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a Fire apparatus would connect to a Fire hydrant or Fire Department Connection,the maximum gradient of such area(s) shall not exceed 10 percent. 18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft(0.3 m drop in 6 m)or the design limitations of the fire apparatus of the fire department, and shall be subject to approval by the AHJ. 18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb cuts extending at least 2 ft(0.61 m) beyond each edge of the fire lane. Duane Kanuha August 23, 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. 18.2.4.13* 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 23,2016 Page 6 18.2.4.23 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 23, 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 23,2016 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 23, 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. C2-4. DARREN J. ROSARIO Fire Chief KV:ds William P.Kenoi .i ���. � Iri ,; P - BJ Leithead Todd Mayor Director • NT Randy Kurohara '•a" '+�i ' � ij John A.Medeiros Managing Director Deputy Director OartYaf Hai d`i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekaanaa`a,Suite 41 • Hilo,Hawaii 96720 (808)961-8083 •Fax(808)961-8086 http://hawaiicounty.gov/environmental-management/ MEMORANDUM Date : August 12,2016 To : DUANE KANUHA,Planning Director From: BJ LEITHEAD TODD,Director Oi-,r7 Subject: Change of Zone Application(REZ 16-000212) Applicant: Tram Ngo Request: RS-10 to CN-10 TMK: 2-2-025:012 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): DEPARTMENT COMMENTS: WASTEWATER COMMENTS: (Contact Wastewater Division for details.) ( ) No comments (X) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management("Director of DEM"), [ ]applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require,which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( X )Other: While item 6 of application indicates there are no buildings on the area,as per Section IIIA of the request there is an existing structure, As per Section VII.C, Wastewater,the existing structure is accessible to the County Sewer. The existing structure and any new structure.is required to connect to the County sewer inaccordance with Section 21-5 HCC. AUG 172016 Planning Dept. County of Hawaii is an Equal Opportunity Provider and Employer. 1 0 70 7 7 Exhibit 7 o SUZANNECASE ° °Ormu ^ CHAIRPERSON E GOVF-RNOROF HAWAII .*;Soho .q � ' I, 4 1' 7' KEKOA KALUHIWA a,� I • ,j- JEFFREY T.PETERSON rDEPUTY=BMX-WATER AQUATIC mamas HOMING ANDD FAMPIC E TION BUREAU OF CONVEYANCES COMMISSION ON WATER ItESOURCE MANAGEMENT CONSERVATION AND MIAMI.LANDS // STATE OF HAWAII '"AT'0NA'®' °`$ `�" EMG7i®B wRESrRYAND WILDLIFE atoms* DEPARTMENT OF LAND AND NATURAL RESOURCES a4rdHs+� KANDDLAVFsu DD VE COM accrw LAND STATE HISTORIC PRESERVATION DIVISION STATE PARKS KAKUHIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 August 26,2016 Mr.Russell Y.Tsuji,Land Administrator Log No. 2016.01948 Land Division Doc.No. 1608SN15 Department of Land and Natural Resources Archaeology PO Box 621 Honolulu,HI 96809 Mr.Duane Kanuha Planning Department County of Hawaii 101 Pauahi Street,Suite 3 Hilo,HI 96720 Dear Sirs: SUBJECT: Chapter 6E-42 Historic Preservation Review— Request for a Historic Properties Determination for a Change of Zone for Tram Ngo Wailkea Ahupua`a,South Hilo District,Island of Hawaii TMK:(3)2-2-025:012 Thank you for the opportunity to review this request for a determination on behalf of the applicant Tram Ngo.This request was received by our office on August 10, 2016. The applicant requests a change of zone for the aforementioned 0.3882-acre parcel from Single-Family Residential(RS-10)to Neighborhood Commercial(CN-10). The applicant intends to convert the existing 1,800 square foot residential dwelling into a personal services office and beauty salon. A review of SHPD records indicates that no archaeological inventory survey has been conducted, and that no historic properties have been identified within the subject parcel. The project area has been subjected to previous residential use and aerial photos confirm that the land has been significantly altered.Thus,it is unlikely that historic properties remain on the parcel. SHPD's determination is no historic properties affected for the proposed project.SHPD has no objections to the applicant's request for a change of zoning from RS-10 to CN-10. In the unlikely event that subsurface historic properties are found, such as lava tube openings, concentrations of artifacts, structural remains or human skeletal remains are found during construction activities on the parcel,please cease work in the immediate vicinity of the find,protect the find from additional disturbance,and contact the State Historic Preservation Division at(808)933-7651. Planning Dept. Exhibit__S Mr.Tsuji and Mr.Kanuha August 26,2016 Page 2 Please contact Sean Naleimaile at(808)933-7653 or at Sean.P.Naleirnaile(ahawaii.gov if you have any questions or concerns regarding this letter. Aloha, 311/45112A0\ Jiro Susan A.Lebo,PhD Archaeology Branch Chief cc. Sidney Fuke(sidkfuke@.hawaiiantel.net) Lydia Morikawa(Lvdia.Morikawa@hawaii.gov) Maija Jackson(Maiia.Jackson@hawaiicounty.gov) DAVID V.ICE � E. OF p ._ SUZANNE D.CASE Y. GOVERNOR OF HAWAII /;fit• 1R5e. •PCHAIRPERSON 4 .� `."° BOARD OP LAND AND NATURAL RESOURCES and km, i,(--.4 COMMISSION ON WATER RESOURCE �, MANAGEMENT ,1 zo4.;•;,..,, ..1 % f. `,- :/17, It:11.40 Att -- A,' STATE OF HAWAII sateatlg' DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOI.IILII.HAWAII 96R09 August 30, 2016 County of Hawaii Planning Department Attention: Ms. Maija Jackson via email: miackson(a).co.hawaii.hi.us 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Ms. Jackson: SUBJECT: Change of Zone Application(REZ 16-000212); Request: RS-10 to CN-10 Applicant: Ms. Tram Ngo Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comments. At this time, enclosed are comments from the (a) Engineering Division and (b) Land Division—Hawaii District on the subject matter. Should you have any questions,please feel free to call Lydia Morikawa at 587-0410. Thank you. Sincerely, Russell Y.Tsuji Land Administrator Enclosure(s) cc: Central Files Planning Dept. Exhibit_____ DAVID Y.IGE . 4 : •N� _ SUZANNE D.CASE GOVERNOR OF HAWAII 41.•••e•• •195- Ni. CHAIRPERSON o ..°1/. .' .'• BOARD OP LAND AND NATURAL RESOURCES S�/ � COMMISSION ON WATER RESOURCE 1.1' c MANAGEMENT `yld andiyy_ ii 1� tI(4 I ' 441°,41111171 1� > �t� STATE OF HAWAII - state DEPARTMENT OF LAND AND NATURAL RESOURCES ,I LAND DIVISION 1::' ,, 4 POST OFFICE BOX 621 I HONOT.III.IJ.HAWAII 96509 r s-• Ac f-• August 8,2016 MEMORANDUM eS T� w-1 T6 cAl DLNR Agencies: _Div. of Aquatic Resources `, to,• Div. of Boating&Ocean Recreation c-.-., X ng Division G R Div. of Forestry&Wildlife :,3 r;1 -s cm n Div. of State Parks ; < ___Commission on Water Resource Management -'_r''- = • _Office of Conservation&Coastal Lands c,7 = c'z X Land Division—Hawaii District X Historic Preservation FM: usse .Tsuji,Land Administrate UBJECT: Change of Zone Application(REZ 16-000212);Request: RS-10 to CN-10 LOCATION: Waiakea House Lots, S. Hilo,Island of Hawaii;TMK: (3)2-2-025:012 APPLICANT: Ms. Tram Ngo 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 29,2016. 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 arp-attached.. 1 v , Signed: t_ f'1 -) - ? _____ ___; „_________ Carty 6. han hief Engineer Print Name: � �j�/�r Y Date: cc: Central Files DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION To: Land Division Ref: Change Zone Application (REZ 16-000212),Hilo,Hawaii COMMENTS The rules and regulations of the National Flood Insurance Program(NFIP),Title 44 of the Code of Federal Regulations(44CFR),are in effect when development falls within a designated Flood Hazard. The owner or the project property and/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood Hazard Zone designations can be found using the Flood Insurance Rate Map(FIRM),which can be accessed through the Flood Hazard Assessment Tool(FHAT)(http://gis.hawaiinfip.org/FHAT). National Flood Insurance Program establishes the rules and regulations of the NFIP-Title 44 of the Code of Federal Regulations(44CFR).The NFIP Zone X is a designation where there is no perceived flood impact. Therefore,the NFIP does not regulate any development within a Zone X designation. Be advised that 44CFR reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may take precedence over the NFIP standards as local designations prove to be more restrictive. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: o Oahu: City and County of Honolulu, Department of Planning and Permitting (808)768-8098. o Hawaii Island: County of Hawaii, Department of Public Works(808)961-8327. o Maui/Molokai/Lanai County of Maui, Department of Planning(808)270-7253. o Kauai: County of Kauai, Department of Public Works(808)241-4846. Signed: (! ; ) CART}'S. 'HAWG HIEF ENGINEER Date: c h(7 ,16 9.15::44 SUZANNE L ASS DANOR O.HALT h. r•^' OSP, ��. CHAIRPRF ON GOVERNOR OF HAWAII '� o t0 � BOARD OF LA� �AND H.�t URAL RIISOURCBS -v{*' COMMISSION ON WATER RESOURCE j —. MANAGEMENT • STATE OF HAWAII n oniag0 DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION t t fr. POST OFFICE BOX 621 n V HONOLULU.HAWAII 96809 August 8,2016 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: usse .Tsuji, Land Administrate SUBJECT: Change Zone Application(REZ 16-000212); 6-000212), Request: RS-10 to CN-10 LOCATION: Waiakea House Lots, S. Hilo,Island of Hawaii;TMK: (3)2-2-025:012 APPLICANT: Ms. Tram Ngo 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 29,2016. 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. (c4 We have no comments. ( ) Comments are attached. Signed: Print Name: C-��,ct)O SIJ C. /J:,T Date: X�/ L cc: Central Files SidneyFuke, Planning Consultant dr100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 p m 7 L�G� •Planning•Variance•Zoning Telephone:(808)969-1522•Cell:(808)989-0640 /1116 ` -CFP t? 7 •Subdivision•Land Use PermitsE-mail:sidfuke@hawaiiantel.net •Environmental Reports September 6, 201d ' :. • -NT Mr. Duane Kanuha,Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo, HI 96720 . Dear Mr. Kanuha: Subject: Rezoning Application (REZ 16-000212) Tram Ngo,TMK: 2-5-047: 031 Thank you for providing me with a copy of agency comments to date regarding the subject application. In response to these comments,we provide the following: a. The Department of Water Supply commented that water is available for the proposed project and requested that a maximum daily water use study be provided. That will be done in conjunction with the subsequent permitting process. Further the Department outlined the other servicing requirements. The applicant will comply with the servicing requirements, including payment of any required water commitment fees and facilities charge,prior to or in conjunction with the Plan Approval and/or building permit process. b. The State Historic Preservation Division concluded that no historic properties would be affected. We trust that the above adequately responded to the comments to date. If not or if there are further questions or comments on this matter,please let me know. Thank you very much. Sincerely, (b‘'‘)\. 1)C\A\ SIDNEY M. FUKE Planning Consultant Copy—Ms. Tram Ngo via email SEP 2016 Planning Dept. - 9 Exhibit 10 0 � 4 4 1' BNgoREZ.mjj-10/13/16 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT TRAM NGO CHANGE OF ZONE APPLICATION (REZ 16-212) TRAM NGO has submitted an application for a Change of Zone from a Single-Family Residential-10,000 square feet (RS-10) to a General Commercial-10,000 square feet (CG-10) zoning district for 16,911 square feet of land. The subject property is located on the west side of Kilauea Avenue approximately 90 feet south of the West Lanikaula Street- Kilauea Avenue intersection, Waiakea Houselots 21'd Series, South Hilo, Hawaii, TMK: 2-2-025:012. PROPOSED ACTION 1. Applicant's Request: Change the zoning district from Single-Family Residential— 10,000 square feet(RS-10) to General Commercial— 10,000 square feet(CG-10) for 16,911 square feet of land. According to the Zoning Code, the General Commercial district applies to an area suitable for commercial uses and services on a broad basis to serve as the central shopping or principal downtown area for a city or a region. No CG district shall be established until there is a demonstrated need for such action and no two CG districts shall be established in such relationship to each other that they cannot act as one center and yet are too close together to serve two distinct regions. Requirements for establishing a land use in the CG district, including a list of the variety of permitted land uses, are shown in Section 25-5-110 to 118 of the Zoning Code. (Planning Department Exhibit 1 —Zoning Code Requirements for General Commercial Districts) 2. Proposed Development: The applicant requests the change of zoning to CG-10 in order to convert the existing residence into a beauty salon and personal services building. On- site parking and landscaping would be provided as required by the Zoning Code. (P.D. Exhibit 2-Letter dated October 10,2016 from Sidney Fuke amending change of zone request from CN to CG zoning district) (P.D. Exhibit 3 - Change of Zone Application dated July 2016) -1- 3. Landowners: Chanh Nguyen and Tram Ngo. STATE AND COUNTY PLANS 4. State Land Use District: Urban. 5. General Plan LUPAG Map Designation: High Density Urban, which allows general commercial,multiple family residential and related services (multiply family residential- up to 87 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 RM-4 zoning for multi-family residential development. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 8. Subject Property: The property is rectangular in shape with about 88 feet of frontage along Kilauea Avenue and it is about 200 feet deep. The topography is fairly level. According to tax records there is an existing 2-story dwelling on the property that was built in 1938. The dwelling is 916 square feet in size with a 912-square foot ground level basement and 440-square foot garage. The dwelling was built prior to the first Zoning Code and therefore has a non-conforming side yard setback along the northern property line since the 5 foot setback does not conform to the current setback requirements in the Zoning Code for RS zoning. 9. Surrounding Land Uses/Zoning: The property is surrounded by a mix of commercial and residential uses. The Department of Land and Natural Resources Nursery and Arboretum are directly across Kilauea Avenue to the east of the property on land zoned Open. To the south is a dental office operating within an existing dwelling that was established by Use Permit in 1995. Further south, west and north are residences on lands zoned RS-10. Directly north of the property is a real estate office within and existing dwelling on land zoned CG-10. Further north across Lanikaula Street are restaurants and a dental office complex on lands zoned CG-10 and CG-20. -2- 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 due to the long-time residential use of the property and the urban character of the surrounding area. It is unlikely that rare or 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 1930's with a residence. There are no known historic sites on the property as listed on the State or National Register of Historic Places. In a letter dated August 26, 2016, the State Historic Preservation Division(SHPD) determined that no historic properties would be affected by the proposed rezoning since the site has been in residential use and has been significantly altered. 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 1,800 square foot hair salon would generate about 4 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 sidewalks, 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 the applicant or its successors provide a pro-rata share for improvements along the property frontage of Kilauea Avenue to include curb, gutter, sidewalk and pavement widening within the future road widening setback. The pro-rata share would be -3- determined by DPW and would become payable to the County prior to the County initiating a project for the installation of curb, gutter and sidewalk improvements along the road frontage in proximity to the subject property. The DPW also recommends that the applicant reconstruct the damaged sidewalk fronting the subject property prior to the issuance of a Certificate of Occupancy for any commercial uses on the property and install any streetlights or traffic control devised that may be required by the Traffic Division. 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(DWS) 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. The DWS also recommends a reduced pressure type backflow prevention assembly be installed. 17. Wastewater: The subject property is accessible to the County sewer and is situated in the Department of Health's (DOH) Critical Wastewater Disposal Area. The Department of Environmental Management has indicated that any existing or new structure is required to connect to the public sewer in accordance with Section 21-5 (Sewers) of the County Code. 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 4-August 25, 2016 memo -4- 21. Department of Public Works- Engineering Division: P.D. Exhibit 5- September 15, 2016 memo 22. Fire Department: P.D. Exhibit 6-August 23, 2016 memo 23. Department of Environmental Management-Wastewater Division: P.D. Exhibit 7- August 12,2106 memo 24. State Department of Land and Natural Resources- SHPD: P.D. Exhibit 8-August 26, 2016 memo 25. DLNR-Land and Engineering Divisions: P.D. Exhibit 9-August 30, 2016 memo AGENCIES -NO COMMENTS OR OBJECTIONS 26. State Department of Health, Police Department, Department of Environmental Management- Solid Waste Division. AGENCIES -NO RESPONSE 27. Department of Public Works-Building Division, Real Property Tax Office. APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 28. P.D. Exhibit 10: Letter from Sidney Fuke dated September 6, 2016 responding to Department of Water Supply and State Historic Preservation Division comments. PUBLIC COMMENTS 29. None as of the time of this writing. -5- § 25-5-110 HAWAI`I COUNTY CODE Division 11. CG,General Commercial Districts. Section 25-5-110. Purpose and applicability. (a) The CG (general commercial)district applies to an area suitable for commercial uses and services on a broad basis to serve as the central shopping or principal downtown area for a city or a region. (b) No CG district shall be established until there is a demonstrated need for such action and no two CG districts shall be established in such relationship to each other that they cannot act as one center and yet are too close together to serve two distinct regions. (1996, Ord.No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-111. Designation of CG districts. Each CG (general commercial) district shall be designated by the symbol"CG" followed by a number which indicates the minimum land area, in thousands of square feet, required for each building site. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-112. Permitted uses. (a) The following uses shall be permitted uses in the CG district: (1) Adult day care homes. (2) Amusement and recreation facilities, indoor. (3) Art galleries,museums. (4) Art studios. (5) Automobile service stations. (6) Automobile sales and rentals. (7) Bars, nightclubs and cabarets. (8) Bed and breakfast establishments, as permitted under section 25-4-7. (9) Boarding facilities,rooming, or lodging houses, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (10) Broadcasting stations. (11) Business services. (12) Car washing, provided that if it is mechanized, sound attenuated structures or sound attenuated walls shall be erected and maintained on the property lines. (13) Catering establishments. (14) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (15) Churches, temples and synagogues. (16) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the cleansing agent. (17) Commercial parking lots and garages. (18) Community buildings, as permitted under section 25-4-11. (19) Convenience stores. (20) Crematoriums, funeral homes, funeral services,and mortuaries. (21) Crop production. (22) Day care centers. (23) Display rooms for products sold elsewhere. (24) 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. (25) 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. (26) Dwellings, single-family. Planning Dept. Exhibit, § 25-5-112 HAWAII COUNTY CODE (27) Equipment sales and rental yards, and other yards where retail products are displayed in the open. (28) Family child care homes. (29) 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. (30) Financial institutions. (31) Group living facilities. (32) Home occupations, as permitted under section 25-4-13. (33) Hospitals, sanitariums, old age, convalescent, nursing and rest homes and other similar uses. (34) Hotels. (35) Ice storage and dispensing facilities. (36) Laboratories, medical and research. (37) Laundries. (38) Light manufacturing,processing and packaging, where the only retail sales outlet for products produced is on the premises where produced. (39) Medical clinics. (40) Meeting facilities. (41) Model homes, as permitted under section 25-4-8. (42) Neighborhood parks,playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (43) Offices. (44) Personal services. (45) Photography studios. (46) Public uses and structures,as permitted under section 25-4-11. (47) Printing shops, cartographing and duplicating processes such as blueprinting or photostating shops. (48) Repair establishments, minor. (49) Restaurants. (50) Retail establishments. (51) Schools. (52) Telecommunication antennas, as permitted under section 25-4-12. (53) Theaters. (54) Time share units. (55) Utility substations, as permitted under section 25-4-11. (56) Veterinary establishments. (b) In addition to those uses permitted under subsection(a)above, the following uses may be permitted in the CG district,provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf driving ranges, golf maintenance buildings and golf club houses, provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the state land use agricultural district unless approved by the County before July 1, 2005. (2) Major outdoor amusement and recreation facilities. (3) Yacht harbors and boating facilities. (c) Residential uses in connection with the operation of any permitted use shall be permitted in the CG district. § 25-5-112 HAWAII COUNTY CODE (d) Buildings and uses normally considered accessory to the uses permitted in this section shall also be permitted in the CG district. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999; Am. 2012, Ord. No. 12-28, sec. 13; Am. 2014,Ord. No. 14-86, sec. 11.) Section 25-5-113. Height limit. (a) The height limit in the CG district shall be forty-five feet, except in those areas designated in subsection(b)below. (b) The height limit in the City of Hilo shall be one hundred twenty feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999; Am. 2002, Ord. No. 02-88, sec. 2.) Section 25-5-114.Minimum building site area. The minimum building site area in the CG district shall be seven thousand five hundred square feet. (1996, Ord.No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-115. Minimum building site average width. Each building site in the CG district shall have a minimum building site average width of sixty feet. (1996, Ord.No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-116. Minimum yards. The minimum yards in the CG district shall be as follows: (1) Front or rear yards, fifteen feet; and (2) Side yards, none, except where the adjoining building site is in an RS, RD, RM or RCX district. Where the side yard adjoins the side yard of a building site in an RS, RD, RM or RCX district, there shall be a side yard which conforms to the side yard requirements for dwelling use of the adjoining district. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-117. Landscaping of yards. (a) All front yards in the CG 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 CG 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. 12.) Section 25-5-118. Other regulations. (a) Plan approval shall be required for all new structures and additions to existing structures in the CG district, except for construction of one single-family dwelling and any accessory buildings per lot. (b) Exceptions to the regulations for the CG 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. 13; Am. 2015, Ord. No. 15-33, sec. 4.) SidneyFuke, Planning Consultant ?l 16 •Planning•Variance•Zoning I:, 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 ' T Z D rt1 7 7 Telephone:(808)969-1522•Cell:(808)989-0640 ' •Subdivision•Land Use Permits E-mail:sidfuke@hawaiiantel.net •Environmental Reports October 10, 20�I6r �, `� J' Mr. Duane Kanuha,Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kanuha: Subject: Rezoning Application(REZ 16-000212) Tram Neo,TMK: 2-5-047: 031 This is to follow up on my discussion with Ms.Maija Jackson of your office regarding the subject matter. Inasmuch as the adjoining property is zoned General Commercial (CG) and the General Plan Land Use Pattern Allocation Guide map designates the subject property High Density Urban,we concur that it would be more prudent to have the requested zoning of subject property be CG-10 instead of CN-10. Accordingly,we respectfully request your favorable consideration in having the applicant's request be amended from CN-10 to CG-10. It is further understood that whether CN or CG,the applicant's plan on having the site used for commercial office or retail would generally be the same. Nonetheless,the CG zone allows a slightly more extensive array of commercial uses than the CN zone. Please be informed that in the upcoming notice to surrounding property owners, it will also indicate that the requested zoning has been amended to CG-10. Thank you very much for your consideration of this matter. Should you have any questions on this application,please feel free to contact me. Sincerely, G\4 -IX)1\k) SIDNEY M. FUKE Planning Consultant Copy—Ms. Tram Ngo via email Planning Dept. °fU VIM. ,-_ Exhibit_._ L___ ? iG ! " fl t; (?7 APPLICATION FOR COUNTY REZONING (RS-10 TO CN-10) APPLICANT: TRAM NGO Waiakea House Lots, 2°d Series South Hilo, Hawaii TMK: . (3) 2-2-025: 012 Prepared For: Tram Ngo Prepared By: Sidney M. Fuke, Planning Consultant July 2016 Planning Dept. Exhibit, 3 , CHANGE OF ZONE APPLICATION rAE 9r, r n u n COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Tram Ngo APPLICANT'S SIGNATURE: r� ��� _ DATE: 7/01/2016 ADDRESS: 2357 Kilauea Avenue, Hilo, Hawai'i 96720 LIST APPLICANT'S INTEREST IF NOT OWNER: Owner LIST PRINCIPAL(S)INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) (808)989-3338 (Res.) (Fax) LANDOWNER(S): Tram Ngo and Chanh Nguyen LANDOWNER SIGNATURE(S): DATE:7/01/2016 (May be by letter) LANDOWNER(S)ADDRESS: 2357 Kilauea Avenue,Hilo,Hawai'i 96720 REQUEST: RS-10 TO CN-10 Existing zoning) (Proposed Zoning) TAX MAP KEY: 2-2-025: 012 STREET ADDRESS OF PROPERTY: 1516 Kilauea Avenue SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 16,909 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: Tram Ngo 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- 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: 2357 Kilauea Avenue Telephone: 989-3338 Date: July 1,2016 -5- 6338A/50A P. D. 5/84 COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST - RS-10 to CN-10 TRAM NGO WAIAKEA HOUSE LOTS, 2ND SERIES, SOUTH HILO, HAWAII TAX MAP KEY: (3) 2-2-025: 012 INTRODUCTION Ms. Tram Ngo ("Applicant") is requesting the rezoning of a parcel of land consisting of 16,911 square feet from Single-Family Residential (RS-10) to Neighborhood- Commercial (CN-10) in the City of Hilo, Hawaii. The subject site fronts the west side of Kilauea Avenue, approximately 100 feet south of its intersection with Lanikaula Street at Waiakea Houselots, 2nd Series, South Hilo, Hawai'i, TMK: (3) 2-2-025: 012. There is an existing real estate office within a single-family dwelling immediately to the north, while the State Department of Land and Natural Resources Nursery and Arboretum is situated directly of the subject site. If successful, the Applicant plans to renovate the 2-story, 1,800+/- square • foot residence into a personal service/beauty salon. II. PROJECT LOCATION As noted earlier, the subject site consists of 16,911 square feet and is identified by TMK: 2-2-025: 012. The site fronts the west side of Kilauea Avenue, about 100 feet south of Lanikaula Street. (Figures 1 & 2) In the immediate vicinity and especially north of the subject site, the area fronting Kilauea Avenue is predominantly commercial in character. Adjacent to the dwelling to the north is a real estate and insurance office in a converted dwelling. At the Lanikaula Street/Kilauea Avenue intersection, there are also offices and a small shopping complex. There is a dental office south of the subject site. 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 convert an existing, 2-story, vacant single- family residential structure into a beauty salon and personal services building. The applicant believes that the location is suitable for her clientele. It is not only close to other commercial uses but quite accessible. 1 I I I r ��° =- -" 1 I ' KUHd�J BAY; • . I . ttV''' � t r' :!__...__:-____,,,,,-4.1,, , 1 ; HfLZ3!. BAY v . ._ t< } .. 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Alt , , p„....„ ,...„ _ "t of t _ ,, r ,j t = I„ `�` _ t ��t= FIGURE 1 - • SEC[/ON 4 • - •t.00 ..,asQ✓ 3Off.. R.R.R/N 6005-4069 1 G . S-/6,033 I r^ GR. M» 5-IG'.O`34 o,r �. 1 �' �k3 V m ii • '�i c, 1.` a Q i a _ Q yy� As C4 I • C Sa•; p = 1,t . i • 3. - i I Vi-k , .0 Y P. 3 01 3� u A v v'7� S•, wa `l • 4 2 t. Zr. '. •t 4 '-0 • ; O w v - . .3wi h +0, D ' a \ 1 01 z h (t{y�E[{ Y Oei ii 0 •yI 1f • t �*- ®I ./� .urL'I .a.« 01 r<,�® ..}�� ,x`01 .rr�. A 2,4- a« K/NOOLG ST. r .,... ..„ ....• 1..... ...., ,..... wilt, -- its1 u a I-L aa I4 3 F u . l • u 0 A -c : AI I ,. O a s Y it 1 ! I a w " rw l+ S • h a , e... 4 AP Of © u $ . iF � Y .`c . tuouo . B i4, X. '423 0„ f h O 4 w C v F OP -a 0 A j.S I, IN • M a - Ll �' :� a, 1 r 2 ••• 4 { a vG esAr i� . 2 ®I 3 p./�w.�wu aiwr 7 xn f[fl..` ne _ L_®--i-_ \ %..\ 0 w.s`_® .... 1. 7_' / e. 4.,• 0 t 5 0 + ' • ,fit p . o .2of o . . J c o ;? m 4 L Q i ti `•' n P ' S P• • t yq� R ,t ` n -, Nc� i 4 41 i 0a Z v • a 0 4' ..4 ,•N.Ya: aat Ni` ti i 4. t. . .@, «.r 6 0m, a�� u hii V C : .411110)1 K/L 4UEAO `; q ve c`.. PLgT 2 ' u SUBJECT F SITE ,t,Y a 7 o9 -;-.11.) N G-0 ro CAIV +n _ +i7C41 Z u FIGURE 2 Tentative plans include converting the ground level basement for storage, while the second floor would be used for the personal service use. As proposed, there would be a minimum of sixteen (16) parking stalls. However, it may have to be revised to include at least one (1) handicapped stall. At any rate, there should be more stalls than what would normally be required for an 1,800 square foot structure. Additional landscaping consistent with Planning Department Rule No. 17 would be installed around the perimeter of the subject site. It should be noted that the structure is currently non-conforming relative to the north side yard setback. The structure is currently set back approximately five (5) feet from the property line, while the current RS-10 zoning requirement calls for ten (10) feet. In the event the rezoning is approved and structure is expanded, the applicant understands that there would be no side yard setback along this side, as the adjoining property is zoned Commercial Neighborhood (CN-10). However, the structure would have to meet the requirements of the Building Code. The structure is currently setback about fifty (50) feet from Kilauea Avenue. (See Figure 3) Access to the site would be from the single permitted access along Kilauea Avenue. It should be emphasized that the proposed layout, especially the parking, is preliminary and may be adjusted to accommodate the 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 renovating the structure within the next year. The estimated cost of this project is $150,000. 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 2 i 1 xft I!: 0 ! „ i rt,16 > Ci-;4 s �, r3 > Tn 'i° g� z O �Cprnp k 24' 4, ---I N 7C z I ' › per I fp I 161 � - C j, 10' s• d — — - o = - iti II NM IF, - N Id ct s 24' `` `+�� • r x ei. i-4I-N,‘ -n 0 > - § fti 0. 0. . 71 --1 0 sNill sq3 01 nt?° IL Iib 1�1 t L 24' iiii 1 �° /141 116 KI 1 =�: FIGURE 3 (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 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 internal growth of Hilo and its outlying areas like Puna have rendered many of the planning assumptions of the CDP obsolete. For example, since the adoption of the Hilo CDP, there have been significant land developments in the City of Hilo, including the shopping complexes in and around the Puainako/Kanoelehua Intersection, expanded commercial uses near the University complexes and commercial/industrial uses along the southern portion of the Waiakea Houselots area. 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. 3 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. 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 16,911 square foot site is generally rectangular in shape. It has an approximate width of 88 feet and an approximate depth of 190+/-feet. There is an existing, vacant single-family residential dwelling on the site. The structure has two (2) stories, with the ground level being used as a basement. The existing residential type of vegetation, with some fruit and ornamental trees particularly at the rear of the property, still exists. 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 4 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. 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 The site is situated over a mile from the ocean, and is located just outside of the Civil Defense's Tsunami Evacuation Zone. The evacuation line in this area is set at Lanikaula Street. 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 5 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 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 so, the entire property has been used residentially for nearly 75 years. 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. There is a lawn and other non-native plant species on the site, such as ti-leaf and some citrus trees. None of these are endangered or endemic. 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 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, 6 and natural resources and associated traditional and customary practices of this site. 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 nearly 75 years and landscaped with a lawn and other introduced species, 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. Although there is a sewer line fronting the site along Kilauea Avenue, the existing dwelling has not been connected to it. Should the request be approved, the project will be required to connect to the line. Thus, this disposal system 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 Lanikaula Street, however, heavily influence manmade noise in this area. Both of these streets are major cross-town streets. Kilauea Avenue, in this area, was formerly a 4-lane, divided highway. However, it has since been converted into 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, because the existing structure will be used, there should be no significant, if any, visual impact other than what exists today. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land uses in the immediate area are predominantly a mixture of commercial and residential uses. There is a real estate office adjacent to and north of the subject site. Beyond that office, there is a small shopping complex. There is also a medicaVdental office building on the northeastern corner of Lanikaula Street and Kilauea Avenue. There is also a dental office just south of the subject site. As such, while the requested use would be consistent with the design and scale of the immediate area, the proposed use could still generate some impact to the residences. To mitigate these impacts, design and construction factors such as the placement of the parking area, any additional 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 property for residential uses could avail themselves to some tax 9 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. There has been residential use of the site for nearly 75 years. Further, 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, if and when it is deemed needed. The Applicant understands that a curb, gutter, sidewalk section fronting the property may also need to be improved as a condition of the zone change. Because of the site's proximity to the intersection of Lanikaula Street and Kilauea Avenue, 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 beauty shop, unlike a retail establishment, generally generates less turning movements or traffic than a retail shop, particularly for a building with about 1,800 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 an 1,800 square foot personal service building, the projected movements would be only three (3). Further, of these projected maximum three (3) AM/PM movements, at least one (1) or two (2) movements would be right turn 10 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, as there is a dedicated left turn lane fronting the subject property. 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 a County sewer system in this area. Although the existing dwelling is not hooked up into this system, it would for this project. 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 (personal service) 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 There is a Fire Station and Emergency Medical Services are located within a 5-minute response area. 11 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 hosptal 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 continued single-family residential use. However, given the area of transition and significant traffic along Kilauea Avenue and Lanikaula Street and proximity to the University, a higher density residential use may be feasible. 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 aim issue. The likelihood of finding archaeological 12 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, an improved curb, gutter, and sidewalk section fronting the site can be done. Likewise, the Applicant, if required, is prepared to make on-site drainage improvements to accommodate the planned parking area. 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 and west. The landscaping would be consistent with the Planning Department's landscaping rules. D. Alternatives to the Proposed Proiect 1. No Project Under the status quo alternative, the site would remain in its present single-family residential use, with a potential construction of an additional unit via the Ohana zoning process. At any rate, 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. 2. Development Based on Existing RS-10 Zoning Under this alternative, the land could not be further 13 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 uses and the heavily traveled Kilauea Avenue and Lanikaula Street would make it less desirable for more intensive residential uses. Higher residential uses, while locationally feasible because of the proximity of the University, would generate more traffic AM hour conflicts. 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 and AM peak hour traffic, 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 and potential AM peak hour traffic 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 residential scale 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, which includes personal services use. 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 17 by adequate infrastructure, and where there are not, will be extended and/or provided by the Applicant. 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, 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 and west of the subject site. Finally, the standards for an office/personal services 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 Q4..,__ eq 04, + A cse( • 19 1Z DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 1�r` 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 Q7 August 25, 2016 ., TO: Mr. Duane Kanuha, Director Planning Department ..c FROM: Keith K. Okamoto, Manager—Chief Engineer -; SUBJECT: Change of Zone Application(REZ 16-000212) Applicant: Tram Ngo Request: RS-10 to CN-10 Tax Map Key 2-2-025:012 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. SCANNED N Planning Dept. . Water, Our!A/lost (Precious Wesource . . . Ka Wai Kane . . . The Department of Water Supply is an Equal Opportunity provider and employer. Mr. Duane Kanuha, Director Page 2 August 25, 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, IMIOWV+ Keith K. Okamoto, P.E. Manager—Chief Engineer TS:dfg copy— Mr. Sidney M. Fuke, Planning Consultant DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: September 15, 2016 weemoudi4tam ;;,: TO: Duane Kanuha, Planning Director - 7') 3 FROM: Department of Public Works, Engineering Division J SUBJECT: CHANGE OF ZONE APPLICATION (REZ 16-000212) Applicant: Tram Ngo Request: RS-10 to CN-10 Planning Dept. Tax Map Key: 2-2-25: 012 Exhibit. Jit' We have reviewed the subject application forwarded by your memo dated August 3, 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. We recommend the damaged sidewalk fronting the subject property be reconstructed prior to the issuance of a Certificate of Occupancy for any commercial use on the property. We also recommend a ten (10) foot wide future road widening strip along the property's Kilauea Avenue frontage be delineated on the plans submitted for Plan Approval review and dedicated, at no cost to the County, when required by the Department of Public Works. The applicant shall provide their pro-rata share for the construction of full improvements to 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 approval of the Department of Public Works. This pro-rata share for roadway improvements specified in this condition shall be determined by the Department of Public Works and shall be payable to the County of Hawaii within six (6) months from the date that formal notice is served upon the applicant, its successors or assigns regarding a program for the installation of curb, gutter and sidewalk improvements along the frontage of Kilauea Avenue in proximity to the subject property. 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. SEP 19 2016 Questions may be referred to Kelly Gomes at ext. 8327. , 107_5.95 County of Hawaii is an Equal Opportunity Provider and Employer `Y°i' William P. Kenoi •= "':!'.s' Darren J. Rosario Mayor rh ^ Fire Chief • %` • .I ,16 .11in U rm 7 Ilr Renwick J.Victorino : Deputy Fire Chief County of jOatuat't HAWAII FIRE DEPARTMENT 25 Aupuni Street•Suite 2501•Hilo,Hawaii 96720 (808)932-2900•Fax(808)932-2928 August 23, 2016 TO: DUANE KANUHA,PLANNING DIRECTOR FROM: DARREN J. ROSARIO,FIRE CHIEF SUBJECT: Change of Zone Application(REZ 16-000212) Applicant: Tram Ngo Request: RS-10 to CN-10 Tax Map Key:2-6-008:026 & 0272-2-025:012 In regards to the above-mentioned Change of Zone application,the following shall be in accordance: NFPA 1, UNIFORM FIRE CODE,2006 EDITION Note: Hawaii State Fire Code, National Fire Protection Association 2006 version, with County of Hawai`i amendments. County amendments are identified with a preceding "C—" of the reference code. Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature,or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult,or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including, but not limited to, additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. 18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. jr q Planning Dept. 11 11 Exhibit_.___ 1. 0 7 2 0 5 Hazoai'i County is an Equal Opportunity Provider and Employer. Duane Kanuha August 23,2016 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 23,2016 Page 3 18.23.1.4 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 23, 2016 Page 4 18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not adequate to accommodate fire apparatus. C- 18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and maintained to support the imposed loads (25 Tons) of the fire apparatus. Such FDAR and shall be comprised of an all-weather driving surface. 18.2.3.43 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 23, 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. 18.2.4.13* 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 23,2016 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 23,2016 Page 7 183.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval, testing, and maintenance, in accordance with the respective county water requirements. Records shall be made available for review by the AHJ upon request. C- 18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for Firefighting. Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections (FDC)to alternative water supplies shall comply with 18.3.8 (1)- (6)of this code. NOTE: In that water catchment systems are being used as a means of water supply for firefighting, such systems shall meet the following requirements: 1) In that a single water tank is used for both domestic and firefighting water,the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; 2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection (FDC) shall be as follows: a) 4" for C900 PVC pipe; b) 4" for C906 PE pipe; c) 3" for ductile Iron; d) 3' for galvanized steel. Duane Kanuha August 23,2016 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 23,2016 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 ZY or.... William P.Kenoi •c�(lti _f +i. �'7 BJ Leithead Todd Mayor = •M- ; 1: Director NT Randy Kurohara �•��'L'•'+ ,� ij John A.Medeiros aim Director Deputy Director OartY d Handl `i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekilanaa`a,Suite 41 • Hilo,Hawai'i 96720 (808)961-8083 • Fax(808)961-8086 http://hawai icounty.gov/envi ronmental-management/ MEMORANDUM Date : August 12,2016 To : DUANE KANUHA,Planning Director From: BJ LEITHEAD TODD,Director Subject: Change of Zone Application(REZ 16-000212) Applicant: Tram Ngo Request: RS-10 to CN-10 TMK: 2-2-025:012 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): DEPARTMENT COMMENTS: WASTEWATER COMMENTS: (Contact Wastewater Division for details.) YkHrota ) No comments (X) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai'i County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawai'i County Code.Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawai'i County Code. ( ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management("Director of DEM"), [ ]applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require,which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( X )Other: While item 6 of application indicates there are no buildings on the area,as per Section IIIA of the request there is an existing structure, As per Section VII.C, Wastewater,the existing structure is accessible to the County Sewer. The existing structure and any new structure is required to connect to the County sewer in accordance with Section 21-5 HCC. AUG 17 2016 Planning Dept. County of Hawaii is an Equal Opportunity Provider and Employer. 1 0 7 0 7 7 Exhibit DAVID V.IGE o � EP ? P U 19 SUZANNE D.CASE SE CHAIRPERSON NDAND NETURERESOURCES GOVERNOR OF HAWAII AIoho .I COMMISSION WROOCMANAGEMENT s • A KEKOA-1q�' �'3` J i TDvvn ICALUMWA 4Lyd6Ni Al*„... x 1111-7... . JEFFREY T.PETERSON YDEPUTY O�E[IOR.WATER HOMING AOCY BUREAU F CONVEYANCES .:••< COAQA65N1N ON WATER NVECE MANAGEMENT I CONSERVATION AND COASTAL LANDS 14 >: STATE OF HAWAII CONSERVATION AINGINA ND IACES EARAtCEAIENf 4 0* DEPARTMENT OF LAND AND NATURAL RESOURCES HISTORMAMO POMxrANDRVATK E a4dt4sN ICAHOOLANEELANDRESERVECCOONONASIG7 LAND STATE HISTORIC PRESERVATION DIVISION STATE PARKS KAKUHIHE WA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 August 26,2016 Mr.Russell Y.Tsuji,Land Administrator Log No. 2016.01948 Land Division Doc.No. 1608SN15 Department of Land and Natural Resources Archaeology PO Box 621 Honolulu,HI 96809 Mr.Duane Kanuha Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo,HI 96720 Dear Sirs: SUBJECT: Chapter 6E-42 Historic Preservation Review— Request for a Historic Properties Determination for a Change of Zone for Tram Ngo Wailikea Ahupua`a,South Hilo District,Island of Hawaii TMK:(3)2-2-025:012 Thank you for the opportunity to review this request for a determination on behalf of the applicant Tram Ngo.This request was received by our office on August 10, 2016. The applicant requests a change of zone for the aforementioned 0.3882-acre parcel from Single-Family Residential(RS-10)to Neighborhood Commercial(CN-1 0). The applicant intends to convert the existing 1,800 square foot residential dwelling into a personal services office and beauty salon. A review of SHPD records indicates that no archaeological inventory survey has been conducted, and that no historic properties have been identified within the subject parcel. The project area has been subjected to previous residential use and aerial photos confirm that the land has been significantly altered.Thus,it is unlikely that historic properties remain on the parcel. SHPD's determination is no historic properties affected for the proposed project.SHPD has no objections to the applicant's request for a change of zoning from RS-10 to CN-10. In the unlikely event that subsurface historic properties are found, such as lava tube openings, concentrations of artifacts, structural remains or human skeletal remains are found during construction activities on the parcel,please cease work in the immediate vicinity of the find, protect the find from additional disturbance,and contact the State Historic Preservation Division at(808)933-7651. Planning Dept. Exhibit S...._ Mr.Tsuji and Mr.Kanuha August 26,2016 Page 2 Please contact Sean Naleimaile at(808)933-7653 or at Sean.P.Naleimaile@hawaii.gov if you have any questions or concerns regarding this letter. Aloha, S/A511 et4, LA,175-10 Susan A.Lebo,PhD Archaeology Branch Chief cc. Sidney Fuke(sidkfuke®ahawaiiantel.net) Lydia Morikawa(Lydia.Morikawa@a,hawaii.gov) Maija Jackson(Maija.Jackson@hawaiicounty.gov) DAVID V.ICE ••tE.O F' M,► D.CASE GOVERNOROF HAWAII /4:? y^... ,P, SUZANNE CNAIR�ERSONSON BOARD OP LAND AND NATURAL RESOURCES t1rryy COMMISSION ON WATER RESOURCE �A i MANAGEMENT fr �'i g retu. . STATE OF HAWAII 'reatecitio0' DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOT A IU I.HAWAII 96R00 August 30, 2016 County of Hawaii Planning Department Attention: Ms. Maija Jackson via email: mjacksongco.hawaii.hi.us 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Ms. Jackson: SUBJECT: Change of Zone Application(REZ 16-000212); Request: RS-10 to CN-10 Applicant: Ms. Tram Ngo Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comments. At this time, enclosed are comments from the (a) Engineering Division and (b) Land Division—Hawaii District on the subject matter. Should you have any questions,please feel free to call Lydia Morikawa at 587-0410. Thank you. Sincerely, Russell Y. Tsuji Land Administrator Enclosure(s) cc: Central Files Planning Dept. Exhibit_.__ l DAVID Y.IGE "'\i O"'Nr14. SUZANNE D.CASE GOVERNOR OF HAWAII ',FIB if- ."' 1,. CHAIRPERSON (R/ BOARD OF LAND AND NATURAL RESOURCES ( ,�•:..•'..��u� j -�^-�1 COMMISSION ON WATER RESOURCE i I t �1 MANAGEMENT �\y�d and No, '-' I ___ __.— \\Iszor STATE OF HAWAII Ake oisA DEPARTMENT OF LAND AND NATURAL RESOURCES i t~ on LAND DIVISION 1 POST OFFICE BOX 621 I • HONOTSJT.IJ.HAWAII 96R09 `'�' s, :x August 8, 2016 ' ., MEMORANDUM w. Cil DLNR Agencies: ,; N • _Div. of Aquatic Resources C=. , ::1)_Div. of Boating&Ocean Recreation "' , ,r ;, -t c r'' S+• X` een'ing Division 3-- a, O r�r' Div. of Forestry&Wildlife 770. 1 ,� C:11"" . Div. of State Parks , , . e<: _Commission on Water Resource Management 'r'- = us _Office of Conservation &Coastal Lands c X Land Division—Hawaii District X Historic Preservation FM: usse .Tsuji,Land Administrate EJECT: Change of Zone Application(REZ 16-000212);Request: RS-10 to CN-10 LOCATION: Waiakea House Lots, S. Hilo,Island of Hawaii;TMK: (3)2-2-025:012 APPLICANT: Ms. Tram.Ngo 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 29,2016. 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. ( cif Comments arp-attached.• e , `'. �.. Signed: ti-- y.T ) ,- Carty S. hang4ief Engineer Print Name: !(�/ Date: 1 Y cc: Central Files DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION To: Land Division Ref: Change Zone Application(REZ 16-000212),Hilo,Hawaii COMMENTS The rules and regulations of the National Flood Insurance Program(NFIP),Title 44 of the Code of Federal Regulations(44CFR),are in effect when development falls within a designated Flood Hazard. The owner or the project property and/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood Hazard Zone designations can be found using the Flood Insurance Rate Map(FIRM),which can be accessed through the Flood Hazard Assessment Tool(FHAT)(http://gis.hawaiinfip.org/FHAT). National Flood Insurance Program establishes the rules and regulations of the NFIP-Title 44 of the Code of Federal Regulations(44CFR).The NFIP Zone X is a designation where there is no perceived flood impact. Therefore,the NFIP does not regulate any development within a Zone X designation. Be advised that 44CFR reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may take precedence over the NFIP standards as local designations prove to be more restrictive. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: o Oahu: City and County of Honolulu, Department of Planning and Permitting (808)768-8098. o Hawaii Island:County of Hawaii, Department of Public Works(808)961-8327. o Maui/Molokai/Lanai County of Maui, Department of Planning(808)270-7253. o Kauai: County of Kauai, Department of Public Works(808)241-4846. Signed: CARTy S 'HA G HIEF ENGINEER / Date: ` � f�� DAVID Y.IGES•�0 w SUZANNE C :.ASE GOVERNOR OF HAWAII9E9� 1�• CNAIRPEI ON '6117 +t� ' BOARD OF LA. 6 AND NAI URAL RESOURCES .Q' COMMISSION ON WATER RESOURCE ..(-. MANAGEMENT (pod and )1.0 STATE OF HAWAII f n oni DEPARTMENT OF LAND AND NATURAL RESOURCES - LAND DIVISION , ro t•-'' POST OFFICE BOX 621 cn v HONOLULU.HAWAII 96809 �� August 8,2016 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 XLand Division-Hawaii District X Historic Preservation FROM: usse . Tsuji,Land Administrate SUBJECT: Change of Zone Application(REZ 16-000212); Request: RS-10 to CN-10 LOCATION: Waiakea House Lots, S. Hilo,Island of Hawaii;TMK: (3)2-2-025:012 APPLICANT: Ms. Tram Ngo 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 29,2016 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 ( ,X' We have no objections. (,4 We have no comments. ( ) Comments are attached. Signed: ii/" Print Name: p11 C• Date: �f/0L cc: Central Files / SidneyFuke, Planning Consultant 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 .. r SFr ' p m p7 t 9 •Planning•Variance•Zoning Aispr Telephone:(808)969-1522•Cell:(808)989-0640 r'1�16 ` - 1! •Subdivision•Land Use Permits E-mail:sidfuke@hawaiiantel.net •Environmental Reports September 6, 2016 , NT Mr. Duane Kanuha,Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo,HI 96720 . Dear Mr. Kanuha: Subject: Rezoning Application (REZ 16-000212) Tram NW,TMK: 2-5-047: 031 Thank you for providing me with a copy of agency comments to date regarding the subject application. In response to these comments,we provide the following: a. The Department of Water Supply commented that water is available for the proposed project and requested that a maximum daily water use study be provided. That will be done in conjunction with the subsequent permitting process. Further the Department outlined the other servicing requirements. The applicant will comply with the servicing requirements, including payment of any required water commitment fees and facilities charge,prior to or in conjunction with the Plan Approval and/or building permit process. b. The State Historic Preservation Division concluded that no historic properties would be affected. We trust that the above adequately responded to the comments to date. If not or if there are further questions or comments on this matter,please let me know. Thank you very much. Sincerely,��cerely, 1)CNI\\A, SIDNEY M. FUKE Planning Consultant Copy—Ms. Tram Ngo via email SE - 2016 Planning Dept. 1 9 O'7.44r— Exhibit___0___ RNgoREZ.mjj 11'9,16 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION TRAM NGO CHANGE OF ZONE APPLICATION (REZ 16-212) 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 applicant is requesting a Change of Zone from Single-Family Residential - 10,000 square feet (RS-10) to General Commercial - 10,000 square feet (CG-10) for approximately 16,911 square feet of land in order to convert an existing 2-story residence into a beauty salon and personal services building. 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 CG-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 CG-10 district conforms to the LUPAG Map, which designates the property and the surrounding • area as High Density Urban. Such designation allows general commercial, multiple family residential and related services (multiply family residential- up to 87 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 adjacent to Kilauea Avenue between W. Lanikaula Street and W. Kawili Street. All of the properties extending 400 feet north of W. Lanikaula Street on both sides of Kilauea Avenue are zoned General Commercial (CG). In 2009, the property directly north on the subject property was rezoned from RS-10 to CG-10, similar to the applicant's current request. It is currently being used as a real estate office. To the south is a dental office operating within an existing dwelling that was established by Use Permit in 1995. Further south, west and north are residences on lands zoned RS-10. This area along Kilauea Avenue is a southern extension of the Downtown Hilo general commercial district. The applicant will provide basic infrastructure needed to support commercial uses such as County potable water, connection to the County sewer system, a future road widening strip, reconstruction of the existing damaged sidewalk to full-width concrete sidewalk 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 sidewalks, all within a 60-foot wide right-of-way. The General Plan identifies Kilauea Avenue as a secondary -2- 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 Planning Director recommends the applicant subdivide and provide this future road widening strip at no cost to the County when required by the Department of Public Works (DPW). Additionally, the DPW recommends that the applicant reconstruct the damaged sidewalk fronting the subject property to a full-width concrete sidewalk and curb prior to the issuance of a Certificate of Occupancy for any commercial uses on the property and install any streetlights or traffic control devised that may be required by the Traffic Division. According to the Institute of Transportation Engineers Trip Generation Manual, a 1,800 square foot hair salon would generate about 4 trips during the a.m. and p.m. peak hour periods. 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. The applicant will be required to connect to the County's existing municipal sewer system. There are no municipal solid waste collection services in the County. Therefore, all solid waste generated by development of the property will require private -3- 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 General Commercial - 10,000 square feet (CG-10) zoned district would result in an appropriate land use pattern that would further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -4- COUNTY OF HAWAII STATE OF HAWAII OiN�� BILL NO. ORDINANCE NO. ( PlooAn‘l De 4 ) AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO GENERAL COMMERCIAL — 10,000 SQUARE FEET (CG-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-025:012. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawai`i, shall be General Commercial— 10,000 square feet (CG-10): Beginning at the northwest corner of this parcel of land, and on the west side of Kilauea Street, the true azimuth traverse from the northwest corner of adjoining Lot 8 being 340° 05' 30" 88.62 to the point of beginning, the coordinates of said point of Lot 8 referred to Government Survey Triangulation Station "HALA`I" being 3,512.85 feet South and 7,342.26 feet East and running by azimuths measured clockwise from True South: 1. 340° 05' 30" 88.62 feet along the west side of Kilauea Street; 2. 58° 10' 185.90 feet along Lot 6; 3. 148° 10' 86.70 feet along Lot 9; 4. 238° 10' 204.20 feet along Lot 8 to the point of beginning and containing an area of 16,911 square feet. -1- All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -2- 12S-10 CG-20 C6-10 R5-10 C6-10 R5-10 R5-10 ' C6-20 .' CG-20 CG- R5-10 3.51259s E LANIKAULA ST C6-10 7,342.26E RS 10 "HALA'r' SINGLE FAMILY RESIDENTIAL-10,000 SQUARE FEET(RS-10)TO GENERAL COMMERCIAL-10,000 SQUARE FEET(CG-10) 18,911 SQUARE FEET S- �PJr' OPEN \�PJ \I'l\,P' CG-10 RS-10 RS-10 RS-10 RS-10 0 RS-10 RS-10 OPEN R5-10 R5-10 7G rn - R5-10 7L RS-10 RS-10 O_ O� CN-2 F r� R5-10 RS-10 CN-20 \V R5-10 R5-10 R5-10 R5-10 R5-10 N Feet 0 250 500 750 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 GENERAL COMMERCIAL - 10,000 SQUARE FEET (CG-10) AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED BY: TM K:(3)2-2-025:012 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:October 11,2016 EXHIBIT "A" Ngo Mao: 1381 CNgoREZ.mjj 11/9/16 TRAM NGO CHANGE OF ZONE APPLICATION (REZ 16-212) 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 CG zones adjoining a RS zone. The future road widening strip described in Condition G shall be delineated on the plan submitted for Plan Approval. C. Prior to submitting plans for Plan Approval, the applicant shall submit for all uses on the property, the anticipated maximum daily water usage calculations as prepared by a professional engineer licensed in the State of Hawai`i to the Department of Water Supply (DWS). A water commitment deposit shall be paid to the DWS prior to issuance of Final Plan Approval in accordance with Rule 5 of the Department of Water Supply's Rules and Regulations. The applicant shall construct necessary water system improvements as required by the DWS, which may include, but not be limited to, installing an additional or larger water meter. 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. The applicant shall reconstruct the damaged sidewalk fronting the subject property to a new concrete curb and full-width concrete sidewalk within the existing 60-foot wide right-of-way, meeting with the approval of Department of Public Works, prior to the issuance of a Certificate of Occupancy for any commercial use on the property. G. A ten (10) foot wide future road widening strip along the property's Kilauea Avenue frontage shall be subdivided and dedicated, at no cost to the County, when required by the Department of Public Works. H. Driveway connection(s) to the Kilauea Avenue shall conform to Chapter 22, County Streets, of the Hawai`i County Code. The applicant shall be responsible for the design, purchase, and installation of streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. J. All development-generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. A drainage study shall be prepared by a licensed civil engineer and submitted to the Planning Department prior to Final Plan Approval. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. K. The property shall connect to the public sewer in accordance with Section 21-5 of the Hawai`i County Code prior to issuance of a Certificate of Occupancy. -2- L. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources— State Historic Preservation Division (DLNR-SHPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigation measures have been taken. M. If the applicant, successors, or assigns develop residential units on the subject property, the applicant, successors or assigns shall make its fair share contribution to mitigate the potential regional impacts of the development with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each unit shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of$8,754.58 per multiple family residential unit ($13,672.20 per single family residential unit). The total amount shall be determined by the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit (single family residential units) shall be allocated as follows: • $4,318.39 per multiple family residential unit ($6,608.08 per single family residential unit) to the County to support park and recreational improvements and facilities; • $136.48 per multiple family residential unit ($317.37 per single family residential unit) to the County to support police facilities; • $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- • $3,692.75 per multiple family residential unit ($5,845.47 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicants, successors or assigns may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. O. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawai`i County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Plan Approval. P. The applicant, successors or assigns shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. Q. An initial extension of time for the performance of conditions within the ordinance may be granted by the Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 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). -4- 5. If the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. R. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. -5- T? • : •T.ae ruftivai Zftit t:)40 t ra,ft f 1141Hill MI u1III ■ill 111 ■11■.. .ii '^� .__-1111- iiiimorin :111111■ I ' - .,,„ 1 i 1 ' ill! •..r.la,•.0.•••11. I Ih1!..... ■ ■Ii/■ :,L __ �. �. ]NIUiIfl ■ice s - r� .L111111 1 MEM MEW' '' • , , -,,, el, .............._,,,,,,,,7-\\A,*\,. , , . .„ „..._, . - no ...„....„,..*,... ,--,,- ,. ..:. -4,,c--- Y ulimi l'. 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COMMISSIONERS PRESENT: Joseph Clarkson, Donn Dela Cruz, Gregory Henkel, Donald Ikeda, Myles Miyasato, and Raylene Moses. ALSO PRESENT: Duane Kanuha (Planning Director), Malia Ho (Deputy Corporation Counsel for the Windward Planning Commission), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maij a Jackson (Staff Planner), and Sarah Hata-Finley(Commission Secretary). And 6 members from the public in attendance. APPLICANT: TRAM NGO (REZ 16-212) Application for a Change of Zone from Single Family Residential-10,000 square feet (RS-10) to General Commercial-10,000 square feet(CG-10) zoning district for 16,911 square feet of land. The subject property is located on the west side of Kilauea Avenue approximately 90 feet south of the West Lanikaula Street- Kilauea Avenue intersection, Waiakea Houselots 2nd Series, South Hilo, Hawai`i, TMK: 2-2-025:012. HENKEL: The first item today is Agenda Item No. 2 which is Tram Ngo, REZ 16-212, and if I will have the presenter—oh, there it is. There's a table over there, and that will be Maija Jackson. JACKSON: Good morning, Commissioners. The first application you're hearing is a Change of Zone request by Tram Ngo. The property is located in the South Hilo District just west of Kilauea Avenue. You can see Kilauea Avenue running in a north-south direction through the middle of the slide. And, then you have Lanikaula Street running east-west, and the subject property is shown here with a large black dot on it. I'll zoom in a little bit closer. So, the subject property is outlined in black. The large green area on the map here is the DLNR arboretum, and it's in the Open zoning which is shown in the green. The subject property is currently zoned Single-Family Residential, which is shown in the light yellow color. You can see a lot of properties to the north have been rezoned to General Commercial over the years. This property kitty corner is a dental office. The property just to the north, I believe, is a real estate or insurance office. And, then you have Tyke's Laundry and some restaurants directly north on Lanikaula Street. The General Plan designation for the property and surrounding area is High Density Urban. This allows high intensity commercial uses, multi-family residential uses. 1 And this is an aerial view of the property. It's again outlined in black. There's an existing Single-Family residence on the property and then just north of that is an insurance office and some, I think there's two single-family dwellings. And, then north of Lanikaula, you have a lot of the commercial uses that I discussed earlier. Across the street is the DLNR offices and arboretum. The Applicant is requesting a Change of Zone from Single-Family Residential– 10,000 square feet to General Commercial– 10,000 square feet for about 17,000 square feet of land. The Applicant would like to convert her existing two-story residence into a beauty salon and personal services building. This is a site plan. You can see the existing dwelling kind of in the middle of the property. Kilauea Avenue is on the right side of the slide, and they're proposing a two-way driveway off of Kilauea Avenue, and then parking in the rear of the property. And, this is a picture of the existing dwelling from Kilauea Avenue. This is looking to the south or the left, so you can see the carport of the house, and there's a home just to the south. And, then just to the north is that home that's being used as an insurance office. And, then this is a view of Kilauea Avenue looking south. This is the driveway here on the right side of the slide, and you can see the old style sidewalks with the landscape strip in the middle. The Planning Director is recommending a favorable recommendation be forwarded to the County Council, and we did just receive a revised memo from the Department of Public Works yesterday. So, we would like to suggest some amendments to Conditions F and G to be in line with that revised memo. And, let me go over a few of those revisions now. So, if you turn to Conditions F and G of the Recommendation—those are on, that would be condition [sic] two of, of the list of conditions. Condition F discusses reconstruction of the damaged sidewalk fronting the property, and you saw that picture in the slide just a moment ago. DPW is actually recommending that, that sidewalk be not only reconstructed but upgraded to a standard full-width sidewalk prior to use of the property or occupancy of the property for commercial uses. And, then for Condition G, this condition we would remove everything after the first sentence where it talks about the Applicant shall provide a pro rata share for the construction of full improvements including curb, gutter, sidewalk. And,just to give you a little background on why DPW revised their memo yesterday. Planning staff met with Department of Public Works, and you've seen quite a few rezones come through lately. I think at your last meeting, there was a discussion on what the appropriate sidewalk treatment was for those properties along Kilauea Avenue further south, and for those properties, the Commission decided that pro rata share was an appropriate requirement. We talked to DPW, and they felt that the one time they did recommend that, it was a unique situation. There was—there was a bank along the property that would make the topography 2 difficult to, difficult and very costly for the applicant to construct a retaining wall in that situation. So, that's why at that time for that unique situation they recommended pro rata share. There was also a high likelihood, they felt, that the County would come in at some point in the near future with a project to do sidewalks along that section of Kilauea Avenue. So, in the discussion with DPW, they felt that the pro rata condition should only be used in unique situations whether it's topography or some type of engineering issue, and that it really isn't appropriate in situations where there's no future County project slated for that section of the road because then there's no guarantee that it would ever actually be built. So, that's—that's why, that's one of the reasons for the revision in this application. And, so— yes? CLARKSON: Yes, I have a question. So, this means that they are required to subdivide when required by the Department of Public Works and dedicate ten feet along Kilauea Avenue, but other than that subdivision and dedication, they would have no further financial obligation for the improvement of Kilauea Avenue. Is that correct? JACKSON: Well, that's not quite correct, because if you go to the condition before that in DPW's revised memo, they're actually asking that the Applicant construct full-width sidewalks prior to occupancy of the property for commercial uses. So, they are basically asking them to construct the sidewalk fronting their property. CLARKSON: No, I understand that. JACKSON: Okay. CLARKSON: But, that repair and reconstruction of the damaged sidewalk would be in the 10- foot strip. Once the 10-foot strip is dedicated to the County, they would no longer have any financial responsibility for what happens on that strip. Is that correct? JACKSON: The impression I got was that the reconstructed sidewalk was to occur within the 10-foot future road widening strip. CLARKSON: I understand that. JACKSON: Okay. CLARKSON: They're going to be required to reconstruct the sidewalk within the 10-foot strip. JACKSON: Yes. CLARKSON: And, sub—and some later date, when required by Public Works, they would have to subdivide and dedicate that 10-foot strip to the County. After that's done, they have no pro rata share costs- 3 JACKSON: —That's correct. That's correct.— CLARKSON: —if the County comes in and widens the road and tears out this reconstructed sidewalk and does whatever they're going to do— JACKSON: —Then the County would pay for it. There's, there's no additional cost to the Applicant. CLARKSON: Okay, they should be happy with that. JACKSON: So, if you'd like, I can go over some specific language to recommend for those two conditions. Okay, so for Condition F, we would just reword using the language provided by Public Works. Basically, it would say something like, "The applicant shall reconstruct the damaged curb and sidewalk fronting the subject property with new concrete curb and full-width concrete sidewalk meeting with the requirements of the Americans With Disabilities Act and the approval of the Department of Public Works." And, then, we would also maybe combine the first sentence of Condition G into one condition and say, "A ten-foot wide future road widening strip along the property's Kilauea Avenue frontage shall be subdivided and dedicated, at no cost to the County, when required by the Department of Public Works, but no later than prior to Certificate of Occupancy." And, then the remainder of Condition G would be deleted. Would you like me to repeat that or—? No? Good? Okay. That concludes my presentation. I'd be happy to answer any questions. HENKEL: Thank you, Maija. I neglected to mention if there's anybody that would like to testify, please fill out the yellow sheet and submit it to staff. If you have any written testimony to any agenda items, submit it to staff also, and make sure your cell phones are off or on silent mode. With that, thank you for that presentation, Maija. Are there any more questions from Commissioners to staff? MIYASATO: I have a question. HENKEL: Yes. MIYASATO: Maija, you know, I guess the original application was a Neighborhood Commercial, and at a later date, that got changed for a request for a General Commercial? JACKSON: Yes. MIYASATO: When this was submitted to all the departments, and they replied, they—did they reply to the Neighborhood Commercial? JACKSON: They replied to the Neighborhood Commercial, and Planning staff re-evaluated whether it should be recirculated to the departments, and we checked with Public Works and 4 Water Supply, and they had the same standards. They apply the same standards for General Commercial that they would apply for Neighborhood Commercial, so we felt that it didn't need to be recirculated to those agencies. MIYASATO: Okay, and the property to the south of this. It kind of had like hand railings and stuff. Is that a commercial also or just a residential home? JACKSON: The property to the south is zoned Residential, but I believe it's being used as a dentist office within an existing dwelling so it's like a home occupation. MIYASATO: Okay. JACKSON: Oh, actually, no, I'm sorry. I think that was a Use Permit. I believe that property just to the south received a Use Permit I think back in the nineties to operate the dentist office. MIYASATO: Okay, so it's not a residential home. No? JACKSON: No. MIYASATO: Okay, thank you. HENKEL: Anymore questions from [sic] staff? With that, will the Applicant or their representative please come forward? Good morning. Will you raise your right hand? Do you swear or affirm to tell the truth on this matter before the Planning Commission? FUKE: Yes, I do. HENKEL: Please state your name, the area you reside in, and proceed. Speak directly into the mic. FUKE: Sure, thank you, Mr. Chairman and members of the Commission. My name is Sidney Fuke. I'm a planning consultant, and I'm here assisting Ms. Tram Ngo who is seated over there. It's an interesting property because it's the residence of a former neighbor of ours, and so when the Ngo's bought the property and with the intent of relocating her beauty salon over there, you know, it was kind of exciting for me. We went through—I discussed the staff's Background Report and the proposed conditions with Ms. Ngo except for the one that just came up today `cause I was, you know, alerted to that. I'm just trying to get a better handle or understanding as far as what specifically the conditions are stating. You know, like, is the condition, is the proposed condition that they construct or improve a curb, gutter, sidewalk section fronting the property based on the existing right-of-way or a new right-of-way with the ten additional foot, I think, partially responding to Mr. Clarkson's question, as well, and I couldn't quite understand that so— JACKSON: It would be based on the new right-of-way. 5 FUKE: So, then, the existing right-of-way is 60 feet, so the new right-of-way would be like ten additional feet, and then basically then, you know, what you see right now on Kilauea Avenue on that section of the street, then you would have like a jog, a jog into, into the property with a 10- foot wide sidewalk. That's correct? JACKSON: That's correct. FUKE: Okay. What we would like to suggest—I mean, you know, this is kind of like an evolving situation as the staff had mentioned because the last time I was before the Commission, and also, I think Mr. Nishimura was representing another, you know, his client for properties along Kilauea Avenue, the staff had originally recommended that there would be a curb, gutter, sidewalk section, you know, fronting the right-of-way. Fronting the property rather. And, I think during the course of the discussion, what ultimately came up was the Commission had agreed to what Mr. Nishimura had recommended and which was to do the pro rata share. The pro rata share, which was then, you know, incorporated in Mr. Nishimura's client's request, and, likewise, when I was working on the application right down the street, I think the Commission also agreed to have that condition imposed as well. In this particular situation, I think that what, the Applicant has no objection in terms of retrofitting whatever the existing sidewalk is right now within the existing right-of-way, and at the end of the day, in setting aside the ten additional feet and putting the full on curb, gutter, sidewalk section, also she has no objections, you know, to do that, what the staff is saying. The only request that we would like to make is that at this point in time, what she wants to do is essentially renovate the bottom. You know,bottom floor, and then put her salon over there, and possibly live upstairs. And, obviously, you know, the cost for the renovation to do that is going to be relatively insignificant. The cost of putting in a full on curb, gutter, sidewalk fronting the property is going to be relatively exorbitant. It's going to probably be more than what the cost to basically move into that existing dwelling. If, on the other hand, you know, at some point in time, it's decided that that entire building gets torn down and then when you take out your financing, you can roll in the cost of the off-site infrastructure improvements, you know, into that same financing package, so the request that we would make is that if there's going to be merely the occupancy of the existing dwelling that consideration be given to allow just the modest improvement to the existing sidewalk in that area. If on the other than there's going to be a totally new building over there, then, yes, the dedication and the full construction of the curb, gutter, sidewalk, you know, be, be a requirement. So, that's our only request. HENKEL: Thank you. Does any Commissioner have a question for the representative, Mr. Fuke? CLARKSON: I do not. I have a question for Maija. I still don't understand the—the Public Works' recommendation is that the damaged curb and sidewalk fronting the property be reconstructed. Now, this doesn't say a new sidewalk and gutter be constructed ten feet in from the existing roadway. 6 JACKSON: That's correct. So, this is—this isn't necessarily a Planning Depart—DPW's memo that's saying it, but it's been standard Planning practice that when, that when a road needs to be widened, that any improvements be constructed within that widening strip. That's how we've consistently been applying improvements into future road widening strips for rezones. When the improvements are constructed, it's supposed to be constructed within the future road widening strip. Otherwise, you—you just have it, the road never becomes widened. CLARKSON: Do you have a map of the existing right-of-way, and where the curb and sidewalk are now? In other words, in that photo that you just showed, is the curb and sidewalk within the existing 60-foot right-of-way or is it outside the 60-foot right-of-way? JACKSON: It's within the 60-foot right-of-way. CLARKSON: And, so, you're suggesting that our recommendation be that this functionality, the curb and the sidewalk, be moved be moved so that the sidewalk is adjacent to the 80-foot right- of-way. The outer edge of the 80-foot right-of-way. JACKSON: So, that it's within the 80-foot right-of-way, at the outer edge of the 80-foot right- of-way. So, it essentially moves ten feet inward. CLARKSON: So, well— KANUHA: Commissioner Clarkson, if you can take a look at what the Public Works memo says, you know, I think it's pretty straightforward there. Okay, they're saying that it has an existing right-of-way of 60 feet and because of the designation, the proposed right-of-way is 80 feet which means that ten feet needs to be taken from both sides of the right-of-way. So, that's the ten feet that you have that's being imposed on this. And, then the curb and sidewalk improvements fronting the property would have to be constructed within that right-of-way. So, it's within the ten, you know, it's the ten—the additional ten feet is where the curb section would have to be constructed. CLARKSON: Okay, if the, so this, this whole curb, sidewalk as reconstructed is all gonna move— KANUHA: —Ten feet, yeah— CLARKSON: —some unknown ten, roughly ten feet to the right. KANUHA: Correct. CLARKSON: Okay. And, who, well, okay—who is responsible for making the transition onto the new sidewalk and off the new sidewalk when it runs into those bushes there. I mean, I— okay. I'll make my—I'll just, we'll discuss it when a motion has been made. HENKEL: Mr. Fuke? Do you wish to respond? 7 FUKE: Sure. To directly answer your questions, that's why the Public Works Department would still have to look at the construction drawings to make sure that there is that kind of transition, you know, between the ten additional setback sidewalk and where the existing sidewalks are. So, they would have to make that. As I mentioned earlier, you know, the Applicant has, you know, like no objections to ultimately comply with what the Department and Public Works are recommending. It's more a question of, you know, from a financing standpoint and a practicality standpoint, to provide like a phasing in program. The phasing in being that if they're gonna just basically convert the existing structure, then improve that existing sidewalk. If they're gonna tear town and rebuild, you know, particularly because there is a slight drop between that sidewalk and the—and the property. So, if you're going to do that, the additional, you know, 10-foot setback, it's not like merely just expanding the sidewalk, the existing sidewalk over there, but you're going to have to put some, some retaining activities over there, and, that's going to be quite involved costs. And, that's why the suggestion that I've been making on behalf of Ms. Ngo is that if they tear down, rebuild, they're going to get the total financing, and that financing can then incorporate the costs, the significant costs of putting in this curb, gutter, sidewalk fronting the property. And, along those lines, I mean, this is kind of sitting, I mean flying off the handle right now,but in terms of suggested language so, to accomplish that then what I would like to suggest is that Condition F can be amended by basically saying that the Applicant shall reconstruct the damaged sidewalk fronting the subject property prior to the issuance of a Certificate of Occupancy for any conversion of the existing structure for any commercial use on the property. So, that basically says that if they're just going to utilize the existing building, the ground level or whatever, then before they get their occupancy permit, they still have to reconstruct the existing sidewalk. And, Condition G would then be reworded to basically say—you keep the first sentence, the ten- foot wide future road widening strip, etc., and subdivided and dedicated at no cost to the County when required by the Department of Public Works, and then you would say that for any new structure for commercial uses, a 10-foot wide—I'm sorry—it would begin Condition G would be amended to read, to begin, to start off like this here. For any new construction for commercial use, then you start a 10-foot wide future road widening strip, etc., etc., you know, period. And then you go down to the Applicant shall construct full improvements to the entire property frontage along Kilauea Avenue consisting of etc., etc., etc. KANUHA: Mr. Chairman, can I, can the Department request a short recess so we can consult with the Applicant and see whether or not we have his suggested wording straight and whether or not we'd be able to support some of the changes he's suggesting. HENKEL: Yeah, that's a good idea. Let's recess for five minutes, ten minutes. Chair Henkel called a recess at 9:27 a.m., and the meeting was reconvened at 9:36 a.m. HENKEL: Okay, the meeting is back—the meeting is back in session. Mr. Director, do you have something to say that you worked on? 8 41=10, 40111 KANUHA: You folks—you folks ready? Daryn will—Daryn will let you guys know what we talked about. ARAI: Thank you. Sorry, and appreciate the Commission giving us the courtesy. It is true that all of this is evolving and evolving quickly, and a lot of it is because we are trying to promote consistent and reasonable application. It shouldn't be like ad hoc—when it sounds good at the moment, you know, you provide certain reliefs. We're just trying to apply, be consistent, and fair in the application of the requirements. That all being said, while the discussion was going on, I took the liberty to go outside and make a call to Public Works to really understand and get clear what is their best recommendation as it applies to this specific property. Given that you have existing sidewalks in this particular area fronting the property, it is unlike some of the other rezonings that you've seen where there are no formal sidewalk improvements. It would create a concern to Public Works if we were to require the sidewalks be located at the outside of a future 80-foot wide roadway because it would create that physical jog. So, their recommendation is to reconstruct the existing sidewalk that you see in the photograph on the screen to a full-width sidewalk which would mean all concrete. None of that grass strips that you see along the existing right-of-way which is currently 60 feet. Just to let you know, we can—we think that's a reasonable approach given the situation and recommendation of Public Works. Note also that other situations have occurred along alignments where the roadway doesn't even meet the minimum commercial standard of 60 feet. This section of Kilauea is currently at 60, so we can continue to argue that if you put the, reconstruct the sidewalks at the existing 60-foot right-of-way, you still meet the minimum standards for a commercial zoning district even though the County in the future would like to see the right-of-way eventually widened to 80. But, when that happens, the County would then take the initiative to work with landowners in the area to secure the necessary widening. That all being said, we can now recommend that Condition F can largely remain as is with further clarification that—and, again, I'm just going to paraphrase and give us and staff the liberty to—to provide the necessary language when we finalize the condition. But, basically, it's the Applicant shall reconstruct the damaged sidewalk fronting the subject property to a new concrete curb and full-width concrete sidewalk meeting with the approval of the Department of Public Works prior to issuance of a Certificate of Occupancy for any commercial use of the property. And then somewhere in there we'll make it clear that it's within the existing 60-foot wide right-of-way. I'm not sure how we're going to language it, but I just wanted to let you know that's how we think the condition should be structured. Condition G, as indicated by Maija in her presentation, that the pro rata share provision shall be continued to be deleted because we are asking for the improvements prior to occupancy. So, hopefully, I'm clear in what our more current recommendation would be. KANUHA: Mr. Chairman, thank you. Thank you, Daryn, for the clarification. As you go to Condition G, the last couple words in there basically—Condition G reads, "A ten foot side future road widening strip along the property's Kilauea Avenue frontage shall be subdivided and dedicated at no cost to the County when required by the Department of Public Works." So, it 9 makes it clear that, that—basically, you can't do F if you don't have G. So, it indicates that F is are the improvements that are going to be required within the existing 60-foot right-of-way, and at some point in time, when required by the Department of Public Works, the additional ten feet will be required to be subdivided and dedicated. And as Commissioner Clarkson to also address another question you asked, Condition H talks about the driveway connections. You know, how they should be met. You know, there is requirements for those accesses when you come off the road. HENKEL: Mr. Fuke, do you have a response to that? FUKE: It's an improvement, so it's good. You know, I think its fine. You know, like Condition, Condition F to me, you know, very simply, if you were just to restate it like, "The Applicant shall reconstruct the damaged sidewalk within the existing right-of-way fronting the subject property meeting with the approval of the Department of Public Works for any commercial use on the property." You know—"prior to the issuance of the Certificate of Occupancy for any commercial use on the property." That's fine. I think that if you just leave it up to Public Works, they can determine whether you want to increase the width of the sidewalk or leave it as it is all that stuff so it provides enough discretion, I think, to Public Works. And, as far as Condition G, I think that like what the Director has indicated, at some point in time that the County wants it, then they're going to ask for the ten additional feet, and it would really be up to the, I think, the Commission or the Department to decide and whether you want to retain the balance of the portion which is the balance of the portion saying that, okay, the Applicant dedicates the ten additional feet. Now, it should also be responsible for paying his pro rata share for whatever costs associated with the construction of the curb, gutter, sidewalk fronting it like how you had the other one. So, it's basically along the same line as what I was trying to suggest in the beginning that give consideration for the interim, and then you have a long-term solution. The long-term solution is Condition G. HENKEL: Any more questions from the Commission to staff or their representative, Mr. Fuke? ARAI: And, Mr. Chairman? HENKEL: Yes, Daryn. ARAI: And just to emphasize and clarify just so you know exactly what's on the table, our understanding in discussions with Public Works, the reference, the reason why in our, some of the proposed language, we were all saying makes—speaks to a full-width concrete sidewalk is because they made it clear. Public Works has made it clear that these type of landscaped—I'm not sure exactly what it's called—but, is no longer appropriate. It was something done in the past, but their current standards is concrete all the way. So, we just wanted to make it clear so they know what the expectations will be. 10 HENKEL: Any more questions? CLARKSON: Yes. HENKEL: Commissioner Clarkson. CLARKSON: Could you please read what the final proposed Condition G will say? ARAI: The Condition G can pretty much remain as is with the exception of deleting that section of the condition where it reads, "The applicant shall provide their pro rata share..." Everything from that point on shall be deleted. Condition F is where you'll see some language change to allow for the reconstruction of the damaged sidewalk fronting the subject property to a full-width concrete prior to the issuance of a Certificate of Occupancy for any commercial use on the property. That would be our recommend—oh, and we'll make a, we'll make sure we clarify within the existing 60-foot right-of-way so the expectation is not to put it on the outside of the 80. HENKEL: Is that acceptable to you, Mr. Fuke? CLARKSON: Thank you. FUKE: Thank you very much. It's good. Thank you. HENKEL: Okay, if there's no more questions, thank you, Mr. Fuke, you may be seated. I've got no one signed up to testify. Is there anyone in the audience that would like to testify to this issue? Then, I'll look for a motion to close public testimony. MIYASATO: I make a motion to close public testimony. HENKEL: And a second? DELA CRUZ: Second. HENKEL: All in favor? COMMISSIONERS: Aye. HENKEL: Opposed? Then, public testimony is closed, and now I'll look for a motion to action. MIYASATO: Mr. Chair, I'll make a motion. I move that a favorable recommendation be forwarded to the County Council on the application for Change of Zone Docket No. REZ 16-212 based on the Planning Director's recommendations and findings with the amendment to Condition F as read by the Planning Department, and the amendment to Condition G—the deletion of the pro rata, which shall be adopted. 11 HENKEL: Is there a second? CLARKSON: Second. HENKEL: It's been moved by Commissioner Miyasato and seconded by Commissioner Clarkson. Maija, are you going to do a roll call? JACKSON: Okay, thank you. Commissioner Miyasato? MIYASATO: Aye. JACKSON: Commissioner Clarkson? CLARKSON: Aye. JACKSON: Commissioner Dela Cruz? DELA CRUZ: Aye. JACKSON: Commissioner Ikeda? IKEDA: Aye. JACKSON: Commissioner Moses? MOSES: Aye. JACKSON: And Chair Henkel. HENKEL: Aye. JACKSON: Okay, the motion passes six, zero. The discussion ended at 9:47 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 12