HomeMy WebLinkAboutREZ 13-171 SouzaAPPLICATIONS
FOR
STATE LAND USE BOUNDARY
AMENDMENT (Agricultural to Urban)
and
COUNTY REZONING
(A -la TO CV -20)
JERRY A. SOUZA
eonopoko Homesteads, Puna, Hawai i
TMK*1v (3)1 -5 -07: 061
Prepared For:
Jerry A. Souza
Prepared By:
Sidney M. Fuke, Planning Consultant
October 2013
STATE LAND USE BOUNDARY AMENDMENT APPLICATION
(15 ACRES OR LESS)
.COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
PETTTIONER: Jerry A. Souza
PETITIONER'S SIGIVATURE:
ADDRESS: P.O. Box 356 P oa, 96778
Ate: 10/07/2013
PETITIONER'S INTEREST IF NOT OWNER:
TELEPHONE:(Bus.) (Res.). 345 -0955
LANDOWNERS ): Jerry A. Souza and Erlinda B Souza
� LANDOWNER SIGNATURE(S): � ATE: 10/07/2013
ADDRESS: P90. Box 356 QMay be by letterf)
Pahoa, HI 96778
TAX NIAP KEY: 1--5 -007: 061
STREET ADDRESS of PROPERTY: 15- -447 Kahakai Blvd Pahoa HI 96778
ZONING: A-1 a SLZE OF PROPERTY: 1.0 acre
CURRENT STATE LAND USE DISTRICT CLASSIFICATION: Agricultural
REQUE S TED STATE LAND USE DISTRICT CLAS S MCATION: Urban
AGENT: Sidnev M. Fuke
ADDRESS: loo Pauahi Street s Suite 212
Hilo, HI 96720
T'FT,�HONE:(Bus.) 969 -1522 (Res.) (Fax}
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Sidney M. Fuke COPIES: Jerry A. Souza
(See Instructions on Reverse Side)
CHANGE OF ZONE APPLICATION
COUNT'Y of xAwArl
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Jerry A. Souza
APPLICANT'S SIGNATURE: � DATE: 10/07/2013
ADDRESS: P.O. Box 356 Pah a, HI 96778
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) (Res_) 345 -0955
LANDOWNER(S): Jerry A. Souza and Erlinda B. Souza
N$, LANDOWNER SIGNATL�RE(S): � DATE: 10/07/2013
0 0 (May be by er)
LANDOWNER(S) ADDRESS: P.O. Box 356
Pahoa, HI 96778
REQUEST: A -1a TO CST -20
Pd sting zoning) (Proposed Zoning)
TAX MAP KEY: 1-5-007:- 061
STREET ADDRESS of PROPERTY . 15 --447 Kahakai Blvd Pahoa, HI 96778
.
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED:. 1.0 acre
AGENT: Sidney M_ Fake. Planning Consultant
ADDRESS: 1-00 Pauahi Street Suite 212
Mo. 1H 96720
TELEPHONE (Bus.) 969-1522
(Res.)_
Please indicate to whom original correspondence and copies should be sent.
(Fax),
ORIGINAL:. __..._ .._ Sidney Fuke .... COPIES: Jerr A. Souza
Commercial, RM, Resort, & Industrial
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE of ZONE
if your request is approved, do you intend to subdivide
the subject l and in accordance with the approved change
of zone? No
If yes, please answer the rest of question I and then to
ques Ton 3.
a, How many acres of the requested area do you intend to
subdivide?
b, Into what lot sizes?
C. if your request is approved, approximately how long
after the date of approval do you expect to submit
your subdivision plans to the Planning Department
for preliminary approval?
If you intend to subdivide, please submit a preliminary
schematic subdivision plan together with your change of
zone application form.
2. If you nave no firm plans of subdividing the subject area,
do you intend to:
a. Sell or lease the land to someone who has firm
plans? No
b. Sell or lease the land to someone who has tentative
plans? No
C. Sell or lease the land to someone who has no plans? No
a. Keep it? Yes
e. other (please state)
You intend to do either a, h, or c, please- elaborate
on the Find of glans 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 hail plans da you have for the subject land?
Include in your answer the following: type of building
(apartment, office, launderette, etc,1; financing arrangements
timetable for construction; and any other information which you
feel might help us in evaluating your request.
Use an Lsting warehouse fog food pFa�ssing fatty_
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-
• 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 attached planning and environmental report
6. Are there any buildings on the subject area? Yes
I f so, what kind? .
A warehouse and a single - family dwelling.
What do you intend to do with those buildings if your
request is approved`
Renovate the warehouse into a food FCC= g facility-. .
T • 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's
. To your knowledge, has there been any flooding and/or
drainage problem on the subject area?
If soy please describe the problem.
Do you think that the roads leading to the subject area
needs improvement?
If so ■ what kind?
Is the road adequate for the proposed traffic volume
or load.?
10, what sort of governmental assistance and /or improvements
do you feel will he needed in the subject area when
developed?
a.
Schools
b,
Roads
4 ,
Sewer
d.
Drainage
e,
Police Protection
f,
Fire Protection
go
Recreational. Facilities
h.
Recreational Facilities
UI
yes
No
No
Yes
V
NO
x
x
x
x
x
x
x
V
For those checked "yes," please elaborate what type or kinds of
improvements and/or assistance are needed.
The access road will be improved by the applicant
11. Have you performed any historic sites study and/or survey of the
subject area? If so, what were the results? Please, also,
submit a copy of the study together with this change of zone
supplement.
No, inasmuch as the site has been filly improved.
Signature: OvXAA*O�- CQ
Adds e s s : 15- 7 Katmi Blvd. Pahoa, HI 96778
Telephone: 936-0466
Date: Apn130, 2013
1611
6338A/50A
P. D. 5/84
COUNTY ENVIRONMENTAL REPORT
APPLICATIONS FOR STATE LAND USE BOUNDARY AMENDMENT (Agricultural
to Urban) and
COUNTY REZONING REQUEST (Awla to CV -20)
JERRY SOUZA
KEONOPOKO HOMESTEADS, PU NA, HAWAI' l
TAX MAP KEY: (3) '1 -5 -007: 051
I. INTRODUCTION
Jerry Santo (hereinafter "applicant ") wishes to rezone a 1 -acre parcel, identified
by TMK: (3) 1--5 -007: 051, into the Village Commercial (CV -20) district. The
purpose of this request is to enable him to establish a commercial food
processing facility within an existing warehouse. As the affected area is also
situated within the State Land Use ( "SLU ") Agricultural district, the applicant is
concurrently requesting it to be reclassified from the SLU Agricultural to the
Urban district.
11. PROJECT LOCATION
The subject area, consisting of exactly 1.0 acre, is located on the south side of
Kahakai Boulevard, with a street address of 15 -447 Kahakai Boulevard. More
specifically, the site is located directly across of the Kentucky Fried Chicken in
the Woodland Center Shopping Center. The Pahoa Bypass Road (Highway) is
situated immediately to its north. It is situated in the land division of Keonopoko
Homesteads, Puna, and is identified by TMK: (3)1 -5 -007: 051. (Figures I and
2 ).
Ill. PROJECT DESCRIPTION
A. Pro! ct Conch
wrf.wwr�u �.r i
The applicant and his wife live on the subject property. Having suffered an
industrial accident, the applicant has given up his towing business and, as a
hobby, has and continues to make smoked sausages, meats, and fish for
friends and domestic use within an existing 00' x 20' ( 1,200 square feet)
warehouse. However, at the urging of his friends and family members and
the need to supplement his income, the applicant wishes to now sell his
processed goods commercially while continuing to live on the property.
(Figure 3)
Selling the goods commercially, however, requires the installation of a
commercial kitchen which is not allowed in the A -1 a Zone and SLU
Agricultural District. As such, the applicant decided to apply for these land
use entitlements.
Ind' ��•
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SUBJECTSITE
FIGURE 1
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THIS WORK AS PREPARED BY ME
OR UND SUPERVISION AND
CONST ON OF THIS PROJECT
WILL DER MY OBSERVATION.
B. Pro'ect Timetable and Cost
The applicant hopes to construct the commercial kitchen immediately
upon approval of the SLU boundary amendment and County rezoning
applications. The estimated cost of these improvements should not
exceed $25,000, with most of the cost driven by the need for an
upgraded wastewater system such as a septic tank system.
IV. INSTITUTIONAL AND REGULATORY CONSIDERATIONS
A. State Land Use
The subject property is designated Agriculture. As such, a boundary
amendment to cover the requested CSI -24 zone is required and is
being filed concurrently with the requested zone change application.
Please note that initially, the applicant applied for a Home occupation
CHO ") permit. While meeting the test for a HO permit, a Special
Permit was still needed, as the site fell within the State Land Use
Agricultural district. However, given the proximity of the site to other
commercially zoned properties, the applicant elected to pursue the
rezoning rather than the Special Permit route.
As the requested area covers less than fifteen (15) acres, the County
can process the request. Pursuant to the Planning Commission Rule
No. 13, the request must meet certain standards. These standards
and their justification follow:
1. Conformity to the Countv General Plan
The project's relationship and conformity are demonstrated in
Chapter IV -C below.
2. Relationship to _State Land Use Urban District Standards
The State Land Use Commission's Rules provide the standards for
determining the Urban district boundaries (Section 15- 15 -18). Their
relationships to this request are noted as follows:
a. "City-Like" Characteristics
A concentration of people, structures, streets, and
rural /urban levels of services characterize this area. There are
not only residences in this area, but there are major commercial
activities fronting the subject property. The subject site is thus
an extension of this urbanized and urbanizing land uses.
b. Factors of Urban Characteristics
The site is proximate to centers of trading and employment.
It is within an area where there are existing and planned
commercial and residential uses.
All of the related urban amenities and services such as
school, parks, and protective services are also located less than
two (2) miles from the site. As such, basic governmental and
utility services are readily available to this area.
This reclassification will not necessarily result in providing a
sufficient urban reserve area for growth, as the applicant
intends to utilize the property immediately for commercial uses.
Further, the site represents more of an "in-- filling" and as such,
would not really be suitable for a growth reserve area. Actually,
its approval and development could make fringe properties
more suitable for reserves.
c, Natural Hazards
Topographically, the site is suitable for development. It does
not have slopes in excess of 20 degrees. The site has no
known unstable soil condition. There is no floodway affecting
the site.
It is outside of the tsunami zone and is not located within the
high volcanic hazard area. It is located within Zone 2,
comparable to the rest of Pahoa Village. Although within the
highest seismic zone (Zone 4), all improvements will be
designed to meet with the prevailing building code. The
applicable code is predicated on zone 4.
d. Conti uous to Urban Areas
While not contiguous to an SLU Urban district, it is functionally
contiguous. The subject site is separated from urban
commercial uses by a common roadway.
e. Relationship to Counly Growth Plans
This site does not represent the creation of a new urban
concentration, as the surrounding area is already an urban -like
environment.
The subject site is designated on the General Plan LUPAG map
for Medium Density Urban uses. The requested Village
Commercial (CV -20) zone is thus consistent with the General
Plan.
The project meets the goals and objectives of the Puna
Community Development plan, as will be discussed in detail in
Chapter IV-D below.
f. "Scatterization" im act
As the site conforms to the standards described earlier, this
standard really does not apply. This applies to a situation where
an amendment creates a potential "spot" zoning and thereby
increases the need to extend public services at considerable
taxpayers' expense. In this situation, the general area is already
urban in character, and the subject site is contiguous to this
developing area. Its development should thus not result in the
expansion or extension of government services.
g. Slone of Prouerly
The site is fairly level. As such, the topography of the site does
not render the site undevelopable or pose an extraordinary
development risk. Accordingly, the development of this site
would not be violative of the "more than 20% slope" standard.
B. Hawaii State Plan
Chapter 226, Hawaii Revised Statutes, outlines the long -range goals
and policies of the Hawaii State Plan. Said Plan is intended to serve
as a guide for the growth and future long -range development of the
State.
Pursuant to said requirement, a discussion of the pertinent policies and
goals and the project's relationship follows:
Goals
• A strong, viable economy characterized by stability, diversity, and
growth that enables the fulfillment of the needs and expectations of
Hawaii's present and future generations
• A desired physical environment characterized by beauty,
cleanliness, quiet, stable and natural systems, and uniqueness that
enhances the mental and physical well -being of the people
4
• Physical, social and economic well -being for individuals and
families that nourishes a sense of community responsibility and
caring of participation in family life.
Discussion
The proposed commercial kitchen project would achieve these goals.
It would provide both (albeit a few) direct and indirect employment
opportunities for current and future residents of the island; contribute to
the island's overall tax base and hence, increase both State and
County revenues; and complement and support other economic uses
particularly the surrounding commercial uses -- and, in turn, contribute
to the stability, diversity, and growth of local and regional economies.
This employment opportunity would come without adversely affecting
the environment. There is no known wildlife or plant life listed as either
endangered or threatened on the subject site. Then, too, there are no
known archaeological or cultural features on the site. If there are
inadvertent finds, appropriate mitigative protocols will be taken.
Impacts to the surrounding areas would also not be significantly
adverse. All required infrastructures are or will be in place by the
applicant prior to occupancy of any portion of the project. These
include a possible upgrade to the wastewater and water systems.
Furthermore, the provision and/or retention of natural landscaped
buffers around the perimeter of and selected portions within the project
site would also help mitigate any adverse visual and noise impacts to
neighboring residential or commercial properties.
C. County General Flan
The county General Plan Land Use Pattern Allocation Guide (LUPAG)
map designates the subject site and surrounding area Medium
Density. Based on this designation, the General Plan allows
consideration for "Village and neighborhood commercial and
residential and related functions (3 -story commercial, residential -- up to
35 units per acre. "
The requested State Land Use and county zoning and planned uses
would be consistent with the uses envisioned within the Medium
Density area. As such, no General Plan amendment would be
required to effectuate this project.
The request would also be consistent with the General Plan goals,
policies and objective. Specifically, the more pertinent ones follow:
Economic Element
Goals
Provide residents with opportunities to improve their quality
of life.
• Economic development and improvement shall be in balance
with the physical and social environments of the island of
Hawaii.
■ The County of Hawaii shall strive for diversity and stability in
its economic system.
• The County shall provide an economic environment which
allows new, expanded, or improved economic opportunities
that are compatible with the County's natural and social
environment.
Policies
The County shall provide an economic environment which
allows new, expanded, or improved economic opportunities
that are compatible with the County's natural and social
environment.
• The County shall strive for an economic climate which
provides its residents an opportunity for choice of
occupation.
• The county shall strive for diversification of its economy by
strengthening existing industries and attracting new
endeavors.
• The County shall encourage the development of a visitor
industry which is consistent with the social, physical, and
economic goals of the residents of the County.
Land Use Element (Commercial)
Goals
• Provide for commercial developments that maximize
convenience to its users.
TI
• Provide commercial developments that complement the
overall pattern of transportation and land usage within the
island's regions, communities, and neighborhoods.
Policies
■ Commercial facilities shall be developed in areas
adequately served by necessary services, such as water,
utilities, sewers, and transportation systems. Should such
services not be available, the development of more intensive
uses should be in concert with a localized program of public
and private capital improvements to meet the expected
increased needs.
• Distribution of commercial areas shall be such as to best met
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.
Drsctission
As the residential areas of Puna continue to grow, there will be a
need to accommodate the various communities' commercial needs.
Much of these needs are being provided outside of the Fauna
District. Having opportunities closer to the heart of the lower Puna
district area should help reduce regional traffic congestion not only
for workers but patrons who frequent these businesses.
The subject site, in addition to attempting to meet this need, also
fulfills other policies and standards articulated in the General Plan.
The site is already and will be serviced by adequate infrastructure.
The County water line is already available. Fire protective services
are available within two miles of the site. Wastewater system
meeting with the standards of the State Department of Health gill, if
needed, be provided by the applicant in conjunction with the
development of the project. All other utilities are available to the
site. As such, this development should not require additional public
services to be provided.
The site does not have any on -site developmental constraints. The
land is relatively level, and there are no flood (Zone X) or other
hazardous condition that would render the site a developmental
problem and pose a burden to public agencies. Further, given the
non - noxious type of use associated with the commercial kitchen,
pollution concerns typically associated with heavy industry would
be minimal, if at all.
As the land has been cleared, the prospects of the site serving as a
habitat for rare or endangered plant or animal life appear remote.
Most of the subject area is devoid of its original vegetation. Then,
too, while there may be a potential for some endemic birds to visit
this area, the development of this site would not remove a critical
habitat. At the same time, there are alternative areas that would be
more suitable for any habitats.
Likewise, due to the developed physical nature of this site, it is very
unlikely that there may be any archaeological features left on the
site. In the event there are some inadvertent archaeological finds,
work will stop and the State DLNR and county Planning
Department will be consulted before further activities occur within
the affected area.
The use is also compatible with the surrounding area. For the
most part, properties adjacent to the subject site are residential and
commercial.
If needed, additional landscaping can be provided to help mitigate
potential visual impacts of the project. As such, while the location
of the requested area is proximate to a few residences, appropriate
mitigation measures, if needed, can be taken.
Finally, all additional structures built on the site will comply with the
standards outlined in the Zoning Code -- such as parking, loading
zone, setback, height, etc.
D. Puna Community Develo ment Plan CDP
Section 15.1 of the County General Plan called for the development
and eventual county Council adoption of CDPs. The General Plan
states that the CDP "will translate the broad General Plan statements
to specific actions as they apply to specific geographical areas." The
General Plan also notes that should the CDP require a General Plan
amendment, it could be considered concurrent with the adoption of the
CDP. However, "If there is a direct conflict between the Community
Development Plan and the General Plan, the General Plan shall be
controlling." (emphasis added)
Pursuant to the above, the Puna CDP was developed and adopted by
the Hawai' i County Council on August 27, 2008. It became effective
on September 10, 2008 as ordinance No. 08 110.
The CDP identified a "Regional Town Center" for, among other areas,
Pahoa town. The subject site is within or, at worst, on the fringe of the
Regional Town center area and generally contiguous to designated
and /or zoned for commercial uses. Thus, the requested zoning is
generally consistent with this land use emphasis.
In addition to the map, the CDP established three (3) major themes:
• Malama i Ka `Aina which "establishes hove the contextual
natural, historic and cultural features of Puna should be
preserved." (emphasis added)
• Growth Management which "addresses how the future pattern
of human settlement and land use should be shaped to respect
that context and support the desired quality of life for Puna's
residents." (emphasis added)
Transparrtation which 'focuses on sustainable approaches to
pp
transportation to support the goals of the two above themes."
P
Relative to the Malama I Ka'Aina theme, four (4) major elements were
identified and assigned goals, objectives, and actions. These elements
and their relationship to the proposed action follow:
1. Historic, Cultural, and Scenic Resources
The site has been entirely cleared of all vegetation and used as a
residence. As such, it would appear that archaeological resources
of this site are probably nonexistent.
Nonetheless, should there be inadvertent discoveries during the
construction of this project, work will stop and contacts with the
County Planning Department and State Historic Preservation
Division will be made.
2. Native Forests and Geological Features
Given the location of the property and the geological condition of
the site, the goals and objectives of this element would not be
applicable to the proposed project. The subject site is not part of
any established native forest area, neither does it have any
significant or unique geological features.
3. 6guifers, Coastal Waters and Stormwaters
The project site is not proximate to potable wells in this area.
Notwithstanding that factor, the project will have a wastewater
system that would comply with the State Department of Health's
standards to assure adequate protection of any potential
groundwater in this area.
All storm water generated by the project would be retained on site
through a system of drywells, if any are needed. In that event,
these drywells will require the approval of the State Department of
Health and through the NPDES permitting system, the objective of
not only storm water containment but protection of groundwater will
be fulfilled.
Given the above, combined with the fact that the property is over 6
miles from the ocean, the goals and objectives of this element
would be fulfilled.
4. Shoreline Area
As the site is not a shoreline or coastal property, this element is not
applicable.
The other theme is Managing Growth. For this, six (6) elements were
identified. These elements and their relationship to the project follow.
111C
1. Land Use Pattern
The Implementation Section (Chapter 5) of the CDP identifies,
among others, Regional Town Centers within which commercial
areas are further identified. The subject site is immediately
adjacent to the commercial areas.
Although the site is not exactly within the commercial area, it should
be noted that the recently amended Section 5.2.1 of the CDP
focuses on the land use entitlement process as it relates to
regional town centers and com m u n4 village centers.
Specifically, it states that "Future zone changes and State land use
boundary amendments for the regional town centers and
community village centers at Kea'au, Pahoa, and Hawaiian
Paradise Parr shall be consistent with the LUPAG viva
desk nations of the General Plan." (Emphasis added). In this
situation, the subject site falls within the Medium Density
designation of the General Plan LU PAG map.
Furthermore, the amended provision of the fast paragraph of
Section 5.2.2 states that "The -maps shown in this chapter are not
If
meant to be or strict! inte reted but rather as uidelr'nes
in the preparation of rezoning requests for areas within or adjacent
to regional town centers, community village centers, or
neighborhood village centers. " (Emphasis added).
Thus, in considering land use applications, the CDP does not
mandate consideration of only those sites that fall exactly within
designated regional, community, or neighborhood centers. The
designated areas are to be used as guides, thus enabling land use
applications to be considered in a much broader policy context.
Given the above, this request is being evaluated against the
articulated goals and objectives of the Managing Growth theme.
The request would be consistent with the following Goals of the
NEMW
CDP:
• Improves the quality of life and expands economic opportunity
for Puna's residents.
• Reduces the exposure to high risk from natural hazard
situations.
• Makes services and community facilities more accessible in
village /town centers
■ Reduces overall number of buildable lots in Puna.
In that regard, the proposed project is intended to be supportive of
1I
the needs of the community. Having the project situated in this
area provides the ability to concentrate commercial uses in a
general location. It would allow for the eventual in filling of the
areas between the Pahoa By --Pass Highway and the old #lea` au-
Pahoa Road. Hence, the project's location would not necessarily
foster urban commercial sprawl.
Additionally, the project would indirectly provide economic
opportunity for Puna's residents. This project could eventually and
indirectly yield much needed employment in this area. This site
would be a convenient location not only for prospective employees
but the community in general.
2. Agriculture and Economic Development
The CDP identifies the following:
Goals
• Increase opportunities for diversified agriculture
Preserve lands for agricultural use
* Increase local market share of Puna agricultural products
Objectives
r.r�n
• Discourage urban growth and further subdivision on lands that
have been identified as having agricultural value
The subject site, while zoned Agriculture, has not been used for
active agricultural purposes in the recent past. It has been used as
a residence.
As such, the proposed project should not have an adverse impact
on the agriculture industry. It could actually be indirectly supportive
of it through the provision of services to that industry.
3. Social Services and Housin
As this is not a housing project, this section is not really applicable.
Indirectly, however, by providing employment opportunities in an
area that is proximate to lower Puna, the project would reduce
commuting time and expenses. In that regard, it could afford
employees and employers to devote more time to their families and
the community.
12
4. Public Safety and Sanitation Services
The subject site is located in an area where basic infrastructure is
available or will, if needed, be made by the applicant. Access
would not be taken from the Pahoa By -Pass but from the cross
street (Kahakai Boulevard).
5. Parks and Recreation
This section is not really applicable, as the project would have no
direct impacts on parks. Nonetheless, there are existing park
facilities in the villages of Kea'au and Pahoa. Then, too, the site is
not listed for any future trails or park related uses.
5. Energy SustainabiliN
The applicant may utilize solar and photovoltaic system to help with
some of its power needs. other means to reduce dependency on
the conventional fuel source is being explored.
The third theme -is Transportation. This theme identifies, as it pertains to
the subject request, the following goals and objectives:
Goats
• Reduce percentage of residents who commute to employed outside
of Puna
Obj'ectives
• Provide more services and employment within Puna's village and
town centers
• create new employment opportunities in Puna in order to reduce
long commuting
It also identifies five (5) elements. The project's relationship to these
elements follows.
1. Traffic Demand Management
The intended use will not generate much (if any) employee traffic,
as the applicant and his wife will probably the only operators of this
food processing business. The projected volume of sales and
activity should also be quite low. Nevertheless, if there are more
intensive commercial uses of the property, its location would help
reduce the flow of both workers as well as residents requiring
13
certain services from traveling outside of the district. In that regard,
it would definitely fulfill two of the major objectives of this theme.
2. Mass Transit
This element is not really applicable. However, in the event bus
stops are needed in this area, the applicant would be willing to
consider an area within the property for this purpose.
3. Roadway Network
Likewise, the objectives and policies of this element are not directly
pertinent to the project. However, it should be noted that the
project will not have a direct access to the heavily traveled Pahoa
By -Pass Road.
4. H i hways
Access to the project will be from Kahakai Boulevard. The Pahoa
By -Pass Road has a right --in movement as well as a dedicated left -
turn leading into Kahakai Boulevard. From Kahakai Boulevard to
the By -Pass, movements are limited to only right-turn out.
5. Non - Motorized Travel and scenic Bvways
The subject site is not part of any proposed non -- motorized travel
area, such as a bikeway. There are also no known trails within the
subject site. Accordingly, the project would not be incongruous with
this element.
The CDP also has a table (Table 5 -1) that outlines general use and design
criteria. Relative to the Regional Town center and the subject request:
a. The service area population is geared for 20,000 to 50,000
residents. As the applicant's business is really of the "mom and
pop" variety, it should be noted that the project by its nature and
location will also attract a wider population base;
b. The subject site is 1 acre, which is less than 30+ acres. However,
as the site is a part of other properties in the vicinity that are zoned
commercial, it would help strengthen this regional commercial
concept.
c. There is very little design aspect to this project, as the applicant
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intends to utilize an existing warehouse. However, in the event a
new structure is constructed, the design aspects would be adhered
to;
d. No direct access to the main highway is being planned, let alone
allowed.
In summary, the requested CV Zone is generally consistent with the
Regional Town center concept. While not falling exactly within the
commercial areas, it is adjacent to it. In that regard, the CDP does not
contain any mandatory language (such as "shall ") that prohibits
consideration of the requested use in this area. For example, the term
"should" is used when the three themes are described. Then, too, the
recent amendments to the CDP suggest that the land use pattern map
be used as a guide.
As noted earlier, the discussion on the project's relationship to the
CDP was based on the themes and corresponding policies and
objectives. And from that perspective, it is concluded that the
requested commercial rezoning request would be generally consistent
with and implement the applicable goals and objectives of the CDP.
E. Coun Zoning
The county zoning of the requested area is Agriculture (A -7a). If the
Village Commercial (CV-20) request were approved, at the appropriate
time, all related land use and development codes such as building
permit and the like would be complied with by the applicant.
F. ial Mana ee_m_ent Area
The subject site is not situated within the county Special Management
Area (SMA). However, as the entire island falls within the SMA, a
general discussion of this project's relationship with the SMA
objectives follows.
1. Recreational Resources
The proposed improvements should not have any adverse
impact to the recreational resources of the area. The property is
not a coastal property, and there are intervening properties
between the project site and the ocean. There is also no known
access to the shoreline from this site.
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2. Historical and Cultural Resources
As the area of the proposed improvements has been largely
cleared and used as a residence, the prospects of fading any
archaeological features on the subject site is fairly rei note.
However, should there be any inadvertent finds during the
further development of this project, work will immediately cease
until clearance from the County Planning Department and/or
SHPD is secured.
Relative to cultural resources, the site of the requested area has
been cleared. The applicant also notes that there have been no
reported observation of any native Hawaiians gathering plants
within or proximate to the subject site. As such, it would appear
very unlikely that the site would serve such purpose today
and/or in the recent past
In sum, given the disturbed nature of the area of the proposed
activity, it can be reasonably concluded that this project would
have no significant adverse impact relating to native Hawaiian
cultural and historical resources and/or practices that cannot be
otherwise mitigated. .
3. Scenic and o en Space Resources
As noted earlier, the coastal view plane is not visible from the
Highway in the area of the subject site. This is due in large part
to the distance between the subject site and the shoreline. As
such, this project' should not adversely impact any scenic
coastal resources.
4. Coastal Ecosystem
The proposed improvements should not generate any adverse
impacts to the area's coastal ecosystem. As there will be no
new structure and related improvements, it is unlikely that a
drywell would have to be installed. In the event one is needed,
please note that during the course of securing the required
Underground Injection Control (UIC) and NPDES permits, the
project's impacts to the groundwater and nearshore waters will
be evaluated and appropriate mitigative, if needed, actions will
be taken.
Further, the site is situated over 5 miles from the shoreline, and
any direct interaction between the proposed use and the water
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should be barely existent, if at ail. Furthermore, the project's
wastewater will be disposed off in a State Department of Health
approved manner.
5. Economic lases
The project itself should have some significant indirect
economic impacts, due to the possible long -term jobs -- albeit
fairly small - this project could potentially generate. The long-
term
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term indirect employment would come in the form of employees
of the various businesses that need to provide the supplies and
delivery.
6. coastal Hazards
The site is designated "X" on the Flood Insurance Rate map.
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Being at nearly the Boo -foot elevation level, the site also falls
outside of the civil Defense Tsunami Evacuation zone.
As the site is not located adjacent to the shoreline and over 5
miles away, normal winter storm waters should not be an issue
for this project.
Based on the foregoing, it is concluded that the proposed
improvements are consistent with the objectives, policies and
guidelines of the Special Management Area Rules and Regulations.
Specifically:
A. The proposed project will not have any substantial, adverse
environmental or ecological effect. Any effect that may
result will be minimized to the extent practicable and is
clearly outweighed by public health, safety and welfare, and
other compelling public interest.
Further, it will not generate any adverse effects by
themselves or in conjunction with other individual
developments, the potential cumulative impacts of which
would result in a substantial adverse environmental or
ecological effect and the elimination of planning options.
Appropriate mitigative measures will be taken to address any
potential adverse impacts of this project;
B. The proposed activities -- as discussed earlier - are
consistent with the objectives, policies, and guidelines of the
SMA Rules and Regulations; and
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The proposed activities are consistent with the county
General Plan and county Zoning Code, as noted in Chapter
Vi1l A -2 of this document.
G. other Permittinq considerations
Other construction -- related permits may be required in the future.
These would be of the "ministerial" variety, such as building permit,
grading permit, and the like.
V. ENVIRONMENTAL CONSIDERATIONS
A. General Description
The subject site is slightly rectangular in shape, with a width of
198+ feet and a length of 219+ feet. The site is fairly level with no
significant undulations.
The site has been used essentially as a residence. As such, there
is a single - family dwelling and a warehouse on the subject property,
as well as lawn, some citrus trees, and other nonnative
landscaping.
The property fronts Kahakai Boulevard at its intersection with the
Pahoa Bypass Road. There is a shopping complex located
directly across of the subject property also fronting Kahakai
Boulevard.
B. climate Soil and Topography
At approximately the Boo -foot elevation level, the site is located
about 0 miles from the ocean. The average annual rainfall is 140
inches. The average annual temperature ranges between 72 to 89
degrees Fahrenheit, with occasional higher and lower ranges
during certain periods such as summer or winter months.
The prevailing wind patterns in the area are often light and variable,
dominated by tradewinds (easterly) during the day and westerly or
mountain winds during the evenings.
The Land SLudy Bureau Overall Master ProdygM6fty Rating of this
area is E (E306) or very poor. This designation suggests that the
site has very poor potential for agricultural productivity. Further,
this type of soil is characterized by almost bare pahoehoe, with very
little soil material. The parent material is pahoehoe, and it is
moderately drained. It is unsuited for machine tillability.
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The project site is unclassified under the Agricultural Lands of
Importance to the State of Hawaii (ALISH) classification system.
This classification does recognize this site
. g e as being
agriculturally important.
C. Natural Hazards
1. Praina e
The Federal Flood Insurance Rate Map (FIRM) identifies the
subject site to be within Zone X (areas outside of Soo -year
flood). There are no existing drainage ways on the site.
2. Tsunami Hazard
Given its elevation (800 +1 - feet) and distance from the
nearest shoreline (6+/- miles), it is located outside of the civil
Defense's Tsunami Evacuation Zone. Thus, there should be
little or no threat from high waves.
3. Volcanic and Earthquake Hazards
According to the United States Geological Survey maps, the
project site is located within Lava Flow Hazard Zone 2, on a
scale of ascending risks 9 to 1. The entire city of Hilo falls in
the Zone 3 c9tegory. There is very little that can be done to
protect structures and improvements on the site from lava
flows. Like all residents, the reliance would be on the
evacuation system provided by the county.
The Building Code designates the entire island of Hawaii
Earthquake Zone 4 and contains certain structural
requirements to address the relative seismic hazard. These
will be complied with in conjunction with the construction of
any new structure on the site.
D. Fauna Resources
Although there was no professional survey conducted of the faunal
resources of the site, the applicant does not believe that rare or
endangered faunal resources are likely to be found within or
proximate to the subject site. This is due to the already developed
state of the subject area and its immediate surrounding area.
Nonetheless, due to the semi- developed state of this area, the
faunal resources should be somewhat typical of other developed
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areas. One may thus find bird species such as the Spotted Dove
Japanese White --eye, House Finch, Common Myna, and the like.
Domestic animals such as cats and dogs, and other animals like
rats and mongoose are also common.
None of these are endangered animals. As such, it is unlikely that
the development of this property would cause any adverse faunal
impacts.
E. Flora Resources
Similarly, no commissioned botanical survey was done of the
subject site. Vegetation of the site consists of a lawn and other
landscaping, such as ferns, ti, some fruit and citrus trees, and the
like. There are scattered ohia trees near the rear of the subject
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site.
These alien or introduced plants can also be found in similar areas
in the Pahoa area. None of these were considered threatened or
endangered by the US Fish and Wildlife Service. Thus, it can be
reasonably argued that development of this area is not expected to
have a significant negative impact on the botanical resources.
F. Archaeological Resources
As the site was and continues to be used as a residence, an
archaeological inventory survey of the subject site was not
performed. A letter requesting a determination of "no historic
properties affected" from the Department of Land and Natural
Resources will be submitted together with this application.
Notwithstanding the above, during the course of improvin g the site,
should any unanticipated archaeological features or sites be
uncovered, work will cease and the applicant will immediately notify
the Planning Department.
G. Valued Cultural Resources
The recent Hawaii State Supreme court's "PASH" and "Ka Pa'akat
0 Ka'Aina "decisions require decision - makers to consider a
project's impact to native Hawaiian gathering and fishing rights.
Specifically, there must be a discussion of the cultural, historical,
and natural resources and associated traditional and customary
practices of this site and the impact of this project to these
resources and practices.
In this situation, the subject site is not adjacent and /or proximate to
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the shoreline. As such, fishing and coastal access is not an issue.
Furthermore, as noted in the floral and faunal analysis, there are no
known rare or endangered plants or animal life. The applicant has
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not observed any native Hawaiians gathering plants within or
proximate to the subject site. As such, it would appear very unlikely
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that the site would serve such purpose today and/or in the recent
past.
Nonetheless, if legitimate claims are made, the applicant will make
the appropriate access accommodations.
Furthermore, in the event inadvertent discoveries are made while
improving the site, appropriate protocols will be taken. These
include stopping work and making contacts and determining
appropriate courses of action with the State Historic Preservation
Division.
Based on the above, it does not appear that the J ro'ect would have
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any potential adverse impacts relating to native Hawaiian cultural
and historical resources and/or practices.
H. Water and Coastal. Resources
The subject site is located about 6 miles from the coastline. As
such, coastal impacts resulting from discharge of drainages stems
from the site should not be significant. Being a non - coastal
property, no coastal access will be affected.
Any expanded use of the property will comply with the requirements
of the State Department of Health relative to wastewater systems.
This may include the installation of a septic system. In that event
there should be further protection of the groundwater or nearshore
water impacts resulting from this project.
I. Noise AIr {dual and Dust
Generally, air quality is affected by regional and local climates as
well as the amount and type of human activity in a g iven location.
No large, stationery sources of air pollutants and no major
industries are located within the project area. Air quality in the
vicinity is most affected by emissions from natural and vehicular
sources.
Existing ambient noise in this area includes wind, foliage and traffic
along the existing streets, particularly the Pahoa By-Pass Highway
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and Kahakai Boulevard. Although the project may slightly increase
traffic in the area, it is not expected to generate significant levels of
air pollutants as only discernible air quality would be associated
with traffic to and from the site.
The proposed development should not generate any direct air
impacts. As the project itself is not expected to- generate adverse
air pollutants, the only air qualiW 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 glue to part to the higher EPA standards for
vehicular air emissions and the prevailing trade winds.
If there is any new construction, there may be short -term noise
impacts during the construction phase. To mitigate this impact, all
construction activity will be limited to daylight hours and weekdays.
Contractors will be required to comply with established State
Department of Health guidelines and standards relating to noise
and emission controls.
Given the existing ambient noise and existing urban environment,
the proposed request would not have a significant noise impact to
surrounding properties.
J, Scenic and Visual Considerations
In the Natural Beauty element of the General Plan, there are sites
or areas listed as scenic resources. The subject site is not listed as
a scenic site. From Kahakai Boulevard, the subject site would not
impede the view of Mauna tear Mauna Loa or any of the identified
scenic resources.
Notwithstanding those circumstances, the height of any new
structure would be no taller than 40 feet, the maximum allowed
within the commercial neighborhoode zone. It should be noted that
the present agricultural zoning is much higher at 45 feet. Hence,
the rezoning would result in lowering the height limit.
VL SOCIAL AND RELATED CONSIDERATIONS
A. Surrounding Land Uses
The surrounding land uses in this area are a mixture of residential
and rural - residential sized lots and commercial uses. There is a
commercial complex directly across of the subject site. Hence= the
requested use would be compatible with the evolving land use
pattern in this area.
There is no active agricultural activity on the property or even on
the adjoining properties. Given the existing and zoned conditions,
the proposed CV zoning would not be incongruous with the existing
mixture of commercial /residential pattern of this area.
B, ' Economic Im acts
The requested zoning would not have any significant direct
economic impact, as it is intended to be more self -- sustaining for the
applicant. However, there would be indirect impacts resulting from
the need to have meat, poultry and pork provided by local
suppliers.
C. Agricultural I m acts
As noted earlier, the site and surrounding area have not been
intensively used for agriculture in the recent past. Given its soil
classification of "E ", intensive agricultural activity may be absent
here. Nevertheless, the limited type of agricultural activity would be
more in the nature of citrus and similar type of crops, which now
occur on the site. The limited agricultural activity should thus
continue.
VII. INFRASTRUCTURE CONSIDERATIONS
A. Road
Access to the project site is from the county - -owned and maintained
Kahakai Boulevard. This road has a right -of -way of 50+ feet with a
pavement width of about 20+ feet. `there is a curb, gutter, and
sidewalk section fronting the commercial center, located directly
across of the subject site. If approved, the applicant is prepared to
set aside the additional right -of -way and construct a curb, gutter,
and sidewalk section IN CONJUNCTION WITH THE
CONSTRUCTION OF A NEW COMMERCIAL STRUCTURE OR A
USE OTHER THAN THE INTENDED COMMERCIAL KITCHEN
FACILITY.
B. Water
There is an existing 8 -inch County water line fronting the property
along Kahakai Boulevard. Additional potable water to the site is
thus available.
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C. Wastewater
There is a cesspool that currently services the existing dwelling. In
the event a new system, such as a septic system, is required to
accommodate the proposed commercial kitchen, the applicant will
provide it.
D. Solid Waste
Solid waste will be handled, as is currently, by the respective
landowner. The wastes are being deposited into the authorized
landfill site in Hilo. There is in intention of having toxic or related
chemical waste associated with the proposed use.
E. other Government Services
As this area is already part of the Pahoa Village, it is already being
serviced. No extension of government services would be required.
The nearest fire station is located in Pahoa Village, less than 2
miles from the subject site. Similarly, the Police Station is located
in the Village.
Public school (K-12) is available at the Pahoa High School complex
also approximately 2 miles from the subject site. There is a county
park in Pahoa Village.
As such, the project should not result in the extension of any
government services. Further, the required public facilities are
located reasonably proximate to the subject site.
F. other Utilities
All other utilities such as telephone, cable, 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 Lon -Term Productivi
If the request were denied, the short -term use of the site would
probably continue to be used residentially and i
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zoning with its "home occupation" flavor would not have an
significant impact on the environment or existing mixture of
residential /commercial uses.
B. Irreversible and Irretrievable Commitment of Resources
As the site has been relatively disturbed in the past, it is not likely
that its development would result in an irreversible commitment of
natural or archaeological resources.
Since the soil on the parcel has been classified "E" or very poor b
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the Land Study Bureau, there is little potential foragricultural
activity. The residential use of this area should thus not
compromise any agricultural or cultural resources.
Further, it is not likely that the site has any significant
archaeological features. This is evidenced by the prior grading and
existing residential use of the site. Again, if needed, a monitoring
program can be conducted during any land disturbance activity.
C. Miti ative Measures
The applicant does not believe that further infrastructure
improvements are needed for this rezoning. However, if required,
the applicant would comply. In that event, during the construction
phase, contractors will be obligated to comply with appropriate
.
State noise and air quality standards.
Should unanticipated archaeological finds be discovered in
conjunction with any further development of the site, work will stop
(as is required by the State and County) and clearance secured
before work is resumed.
There are no drainage ways on the property. As such, should there
be a need for land disturbance activity, any and all required grading
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or grubbing work will be done n conjunction with the required
permits. This is to assure that the land disturbance activity of this
site does not adversely affect the drainage of surrounding
properties.
Finally, there will be no person or businesses to be dislocated by
this project.
D. Alternatives to the Proposed Project
1, No Project
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Under the status quo alternative, the site could continue in
its residential state. However, it would not address the need
to enable one to have supplemental income through a
legitimate commercial venture that has a home occupation
flavor, all the while not providing any significant burden to
the public from an infrastructural perspective.
Further, given the evolving commercial uses in this area, the
retention of this site in the A -1 a zoning may not be
consistent with that evolving land use pattern.
Alternative Dens i
Under this alternative, the applicant could seek a more
intensive residential rezoning, such as RS -7.5 or a RM
zoning. Those zoning categories would arguably be just as
consistent with the requested CV -20 zoning, particularly as
the CV zoning allows either single or multiple family
residential uses. However, the residential zoning would limit
the applicant to only those uses and not enable him to have
added self sufficiency via a commercial venture.
Evaluation of Alternatives
The project's impacts to the area's social and physical
infrastructure would not be significant. if required, certain
mitigative measures could be taken to address any possible
impacts associated by the possible addition of another or
new commercial structure on the subject property. Further,
the project would be consistent with the land use objectives
sought to be accomplished by the County General Plan
LUPAG map and the Puna Community development Plan.
In view of the aforementioned, it would appear that none of
the alternatives would be more prudent and beneficial than
the requested CV-20 alternative.
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