HomeMy WebLinkAboutCOM 0596.000 2020-2022 ."45,,91..tW�,,
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Managing Director
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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
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January 18, 2024- Z1=
mr
Maile David, Council Chair >'`
and Members of the County Council •
County of Hawai`i --
25 Aupuni Street
Hilo, HI 96720
Dear Chair David and Members:
SUBJECT: Change of Zone Application (PL-REZ-2021-000008)
Request: Single-Family Residential— 10,000 Square Feet (RS-10) to Village
Commercial—20,000 Square Feet(CV-20)
Applicant: Aguinaldo 4, LLC
Tax Map Key: 1-5-003:037
As required by Chapter 7, Sec. 6-7.5 (a)(3), Hawai`i 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.
Sincerely,
MITCHELL D. ROTH
VMayor
TCouncilAguinaldo4PL-REZ-21-008
Enclosures
cc: Planning Department
Comm. No. 5ct(o
<51u, %13 .
Ref. To. 'PC--
Ref.
PLRef. Date paidoza,
County of Hawaii is an Equal Opportunity Provider and Employer.
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Mitchell D.Roth °.ov"S,-OF. ••!!,;�•., Dean Au,Chair
Mayor -'^ :411%; Michelle Galimba.Vice-Chair
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*. .�.�.. :* Gilbert Aguinaldo
Lee E.Lord --__
• - - Joseph Clarkson
Iaiia i;ig Director •'•,•+�t� .�.'��
f.;• M=; = Dennis Lin
ofw��'- Thomas Raffipiy
John Replogle
County Of Hawal`1
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi strut,Suite 3 • Hilo,Hawaii 96720
Phone{808)961-8288 • Fax(808)961-8742
Jan 17,2022 -
Made David, Council Chair
and Members of the County Council
County of Hawai`i
25 Aupuni Street
Hilo, HI 96720
Dear Chair hair David and Council Members:
SUBJECT: Change of Zone Application (PL-REZ-2021-000008)
Request: Single-Family Residential— 10,000 Square Feet (RS-10) to
Village Commercial—20,000 Square Feet(CV-20)
Applicant: Aguinaldo 4,LLC
Tax Map Key: 1-5-003:037
The Windward Planning Commission (Commission), at its duly held public hearing on January
6, 2022, recommended for your approval the proposed legislative bill for a Change of Zone from
Single-Family Residential-10,000 square feet (RS-10) to Village Commercial-20,000 square
feet(CV-20) zoning district for approximately 1.545 acres of land. The property is located 15-
3070 Pahoa-Kapoho Road, on the southeast corner of its intersection with Pahoa-Kalapana Road
•
(Highway 130), across from Pahoa High School_-at Kahiahiku Homesteads, Puna,Hawai`i.
The Commission voted to forward a favorable recommendation to the County Council for PL-
REZ-2021-000008
with the following condition change:
• Condition K (Curb, Gutter, Sidewalk) the Commission voted to replace the Director's _
recommended-condition requiring roadway improvements, including the-construction of
curb, gutters, and sidewalks, with condition language that would allow an ADA-
compliant, 8-foot wide, paved pedestrian path within the subject property, encumbered by
an access easement that will allow for unrestricted public access until such time as the
property's Pahoa-Kapoho Road (Highway 132) frontage is improved with sidewalks.
The applicant is requesting a change of zone from a Single-Family Residential
(RS-10) zoning -district to a Village Commercial-20,000 square feet (CV-20) zoning •
district for the subject, 1.545-acre property. Although not proposed by the applicant, the
Hao ai'i County is an Equal Opportunity Provider and Employer
Maile David, Council Chair
and Members of the County Council
County of Hawai i
Page 2
Jan 17,2022
maximum number of lots that could be created by subdivision of the property should the
change of zone be approved is three (3) and the total number of multiple-family
dwellings that could be permitted on the property is 53.
The applicant secured a Use Permit in 2013 to allow the construction of a 13,520
square foot medical facility and related improvements on the subject property. However,
while the applicant has taken steps to comply with the conditions of the Use Permit, they
have not constructed the permitted medical clinic due to lava flows affecting Pahoa and
lower Puna in 2014 and 2018, where the subject property was used as a community hub
during the 2018 flow and was subsequently developed as the Pdhoa Cultural Center,
including the construction of four (4) community buildings under an emergency
proclamation.
With the lava flow subsiding and timeframes for completion of the medical clinic
imminent, the applicant determined that limiting the site for only a medical facility has
made its development less financially feasible and therefore more difficult to construct.
Having the ability to entertain non-medical' uses increases the financial viability of the
project.
If the subject change of zone application is approved, the applicant requests
revocation of the existing Use Permit and conceptually plans to develop the property in
two (2) phases, the first of which will include the adaptive re-use of three (3) existing
structures on the property for commercial purposes in the near term. The second phase
would include the removal of the existing structures on the property and the development
of a new, mixed-use medical, retail, and office complex consisting of a single-story,
13,520 square foot structure, 46 parking stalls (including two ADA stalls) and related
improvements. The applicant envisions the projected uses to be approximately 70% of
the structure for medical and office uses with 30%targeted for retail uses.
In order to consider an area for any type of zoning designation, the applicable
goals,policies, and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and. decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The change of zone request from an RS-10 to a CV-20 zoning district
conforms to applicable goals, policies and standards of the General Plan .and the
Puna Community Development Plan (CDP). The Land Use Pattern Allocation Guide
(LUPAG) Map component of the General Plan is a representation of the document's
II
. Maile David, Council Chair
and Members of the County Council
County of Hawai
Page 3
Jan 17,2022
goals and policies to guide the coordinated growth and development of the County. It
reflects a graphic depiction of the physical relationship among the various land uses. The
request to change the zoning to a CV-20 district conforms to the LUPAG Map, which
designates the property and-the surrounding area encompassing the Pahoa Town area to
the northwest as Medium Density Urban, which allows single-family and multiple-family
residential and related functions (overall residential density may be up to35 units per
acre), and village and neighborhood commercial uses. In addition to being consistent with
the LUPAG Map, the request would also support the following goals, policies, and
courses of action-of the General Plan Land Use and Economic elements:
• Designate cmd allocate land uses in appropriate proportions cind mix cind in
keeping with the social, cultural cind physical environments of the County.
• . Provide for commercial developments tlicit 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.
• Connnercicil development shall maintain or improve the quality of the present
environment through the consideration of visual, access, landscaping, cimid other
design elements in their development.
• Preference shall be given to commercial lands' with a reasonably level
topography.
• Centralization of commercial activities in Pahoa Towii, rather than along the
Pahoci By-Pass, to serve the residents ofLower Pmici shall be encouraged.
Additionally, the subject property is located within the boundaries of the Pahoa
Regional Town Center in the Puna Community Development Plan (PCDP). The PCDP
further states that commercial development that serves regional uses-should be limited to
the "regional town center" boundaries. Commercial development that serves community
village or neighborhood village uses may be located adjacent to a regional town center.
Finally, the PCDP recommended the development of Village Design Guidelines for
Pahoa Town, which were developed and cover the subject property. The existing
community buildings on the property were reviewed against those guidelines and
approved by the Pahoa. Village Design Review Committee. A condition of approval will
require any new buildings to be similarly reviewed and approved.
Based on the preceding, the proposed change of zone is consistent with the
General Plan and the Puna Community Development Plan.
Maile David, Council Chair.
and Members of the County Council
County of Hawai`i
Page 4
Jan 17,2022
•
The change of zone from RS-10 to a CV-20 zoning district will not result in a
substantial adverse impact upon the surrounding area, community, or region. The
subject, 1.545-acre property is triangular in shape and located southeast corner at the
intersection of Highway 130 and Highway 132. The property has been fully graded and
has been improved with four (4) community buildings related to the Pahoa Community
Center permitted by the County. The applicant proposes to re-purpose some/all of the
existing structures for commercial uses during the first phase of the development. As the
structures have been permitted as community buildings, the Director is recommending a
condition of approval to require--tire applicant to secure a change of use permit, if
necessary to accommodate the new commercial uses.
Surrounding lands are zoned A-la and A-5a on the east side of Highway 130 and
RS-10, A-la, CV-10 and CN-20 on the west side of Highway 130. The east side of the
highway consists mainly of residential dwellings, agricultural uses, and vacant land.
There is a church north of and across Highway 132 near the subject property. Tangerine
Acres Subdivision is east of the subject property. The west side of the highway is the part
of Pahoa Village and includes the Pahoa High School Complex, Pahoa Sacred Heart
Church and preschool, and several commercially zoned properties.
The construction of the proposed near-term commercial uses and ultimate
medical/retail/office facility development, driveway and parking lot improvements will
create temporary construction impacts such as an increase in noise, dust, and truck traffic.
These impacts Will be temporary in nature and minor in scope and therefore are not
anticipated to have a substantial adverse impact on the surrounding properties,
particularly since some surrounding properties are already developed with commercial
and community uses that serve a regional population.
A condition of approval will require landscaping to be installed to visually screen
the village commercial uses from surrounding properties and adjacent roadways to reduce
the noise and visual impacts associated with the development. Additionally, as referenced
above, any new structures on the property will require approval from the Pahoa Village
Design Committee. With implementation of these conditions, it is not likely- that the
proposed developments will have a substantial adverse impact to the community's
character or to surrounding properties and will not be detrimental to the public welfare.
The proposed use will not unreasonably burden public agencies to provide
roads and streets, sewers, water, drainage, schools, police and fire protection and
other related infrastructure. Access to the property is from Pahoa-Kapoho Road
(Highway 132), which is a County-owned and maintained roadway with a pavement
width of approximately 22 feet within a 60-foot-wide right-of-way (ROW) and
designated by the General Plan as a major collector road. There is a 6-foot paved
Maile David, Council Chair
and Members of the County Council
County of Hawaii
Page 5
Jan 17,2022
shoulder along the property boundary as well. Paved parking for the project will be
provided on-site. Conditions of approval will require the driveway connection and work
within the County ROW to conform with Chapter 22 and access to the roadway,
including the provision of adequate sight distances, shall meet with the approval of DPW.
Additionally, the applicant will be required to install streetlights and/or traffic control
devices as may be required by DPW for the use. Finally, as Highway 130 is a State
owned, limited access highway, a condition of approval will prohibit access onto that
roadway.
The applicant estimates that at full buildout, the proposed medical/office/retail
facility will only generate 42 peak hour vehicle trips, which will not exceed the 50 peak
hour vehicle trips necessary to require a Traffic Impact Analysis Report (TIAR). Despite
the preceding, the requested change of zone does not limit the applicant to developing the
property as represented in the application, thus the Director recommends adding a
condition that requires the applicant to develop a TIAR for review and approval by the
State DOT and DPW-Traffic Division and implement any transportation system
improvements to the roadways fronting the subject property as may be deemed necessary
prior to securing a Certificate'of Occupancy for the new use, if it exceeds 50 peak hour
vehicle trips.
Based on the proposed commercial zoning, DPW recommends that the applicant
provide improvements to the property's Pahoa-Kapoho Road (Highway 132) frontage
consisting of, but not limited to, pavement widening with concrete curb, gutter and
sidewalk, drainage improvements, signs and markings, streetlights, and any relocation of
utilities, meeting the requirements of the Americans with Disabilities Act and the
approval of the Department of Public Works. In response, the applicant has requested
relief from the requirement to provide curb, gutter, and sidewalk improvements citing .
incompatibility of these "urban type" infrastructure improvements with the rural
character of the community and the lack of similar facilities in the immediate vicinity of
the property. Instead, the applicant is proposing to construct or delineate a new, 8-foot
wide, paved pedestrian path within the subject property that would be available to the
public during normal business hours, but closed to the public after hours to discourage
loitering. -
v
The Director is recommending a condition requiring the installation of the
roadway improvements as recommended by DPW for the following reasons: 1) the
subject property is situated in the State Land Use Urban District, situated in the LUPAG
Medium Density Urban designation, is situated within the boundaries of the PCDP Pahoa
Regional Town Center, and is situated within proximity to the Palloa Town commercial
core which has been developed with curb, gutter, and sidewalks. Based on the preceding,
the director disagrees with the applicant's statement that the area is rural in character and
Haile David, Council Chair
and Members of the County Council
County of Hawai`i
Page 6
Jan 17,2022
believes that the recommended roadway improvements are appropriate for this
commercial zoning; 2) the applicant is currently required to install the same
improvements as a condition of approval of the existing Use Permit for the Medical
Facility. The applicant agreed with this condition on the record and has confirmed that
they would comply with this condition in writing as recently as 2019. If successful, the
change to commercial zoning will allow for uses that will draw more pedestrian users of
the property (e.g., retail or food truck uses that could draw students from Pahoa High
School), thus even more so, this condition remains appropriate to ensure pedestrian
access to-tire-property; 3) the sidewalks required under this condition-will be dedicated to
the County and will be open to the public at all hours, as opposed to the proposed private
walking path that will be closed after business hours that have yet to be defined.
County water is available to the property from an existing 8-inch waterline within
the Pahoa-Kapoho Road fronting the subject parcel, or an existing 12-inch waterline
within the Pahoa-Kalapana Road via two (2), 5/8-inch meters are limited to an average
total of 800 gallons per clay. DWS will determine the appropriate water commitment
deposit, prevailing facilities charge, appropriate service lateral and meter size required
once the applicant provides estimated maximum daily water usage calculations, prepared
by a licensed engineer, for each phase of the project. The DWS also requires a reduced
pressure type backflow prevention assembly be installed. Additionally, while the 12-inch
waterline provides adequate flow for fire suppression, the 8-inch line does not, thus any
improvements required by the Fire Department and/or Department of Water Supply to
ensure that fire protection requirements are met shall'be implemented. The preceding will
be added as conditions of approval.
The applicant will install an approved individual wastewater system designed by
an engineer,-conforming to the State of Hawai`i, Department of Health requirements. All
other essential utilities and services are available to the site. Thus, the proposed use will
not unreasonably burden public agencies to provide infrastructure.
The project has no severe geological or topographical problem which cannot be
properly rectified, or which would render the land unusable. The property is situated in
Flood Zone "X", which is an area determined by FEMA-To be outside of the 500-year
flood plain. There are no municipal waste collection services in the County. All solid
waste generated by the development will require private disposal at an approved refuse
collection facility. Electric and telephone services are available to the property. Police,
fire, and medical services are available nearby in Pahoa.
Maile David, Council Chair
and Members of the County Council
County of Hawai
Pare 7
Jan 17,2022
The request is not contrary to Chapter 205A, Hawai`i Revised Statutes,
relating to Coastal Zone Management. The project site is located more than six (6)
miles from the nearest shoreline and thus is situated outside of the Special Management
Area and will not be impacted by coastal hazard and beach erosion. There is no record of
a designated public access to the shoreline or mountain areas that traverses the properties.
Through the previous Use Permit process for a medical clinic on the property, the
Department of Land and Natural Resources-State Historic Preservation Division issued a
"no-=effect" determination by letter dated September 9, 2013, due to previous
grubbing/grading of the property. The standard inadvertent archaeological find condition
will be added to this approval recommendation.
As the property has been extensively grubbed and graded, no floral or faunal
surveys have been prepared for this application. According to the applicant, vegetation,
birds, and animals are introduced and common to urban areas of the island, thus none of
the present plant or animal species are considered endangered.
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 permit, 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 recommendaiton;
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 preceding findings, the request to rezone the property from a Single-
Family Residential (RS-10)zoning district to a Village Commercial-20,000 square feet (CV-
20) zoning district for would result in an appropriate land use pattern that would further
benefit the general public.
The accompanying draft bill to amend Section 25=8-26 (Pahoa Zone Map), Article 8,
Chapter 25 (Zoning Code) of the Hawai`i County Code 1983 (2016 Edition, As Amended), is
provided for your favorable consideration. Please note the proposed conditions of approval
attached to the draft bill.
Maile David, Council Chair
and Members of the County Council
County of Hawai`i
Page 8
Jan 17,2022
We are enclosing copies of the staff Background, Planning Director's Recommendation, and the
Power Point presentation. A draft transcript of the hearing will be provided under separate
cover.
Sincerely,
a
Dean Au(Jan 17,2027!08,57 HSP
Dean Au, Chairman
Windward Planning Commission
LAguinaldo4PL-REZ-2021-008wpc 1
Enclosures
cc via email: Sidney Fuke, Planning Consultant
Aguinaldo 4, LLC
Daryn Arai, Planning Consultant
Department of Public Works
Department of Water Supply
Jean K. Campbell Esq., Corporation Counsel
BAguinaldoREZ.crk.12.20.2021
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
AGUINALDO 4, LLC`
CHANGE OF ZONE APPLICATION (PL-REZ 2021-000008)
AGUINALDO 4, LLC has submitted an application for a change of zone from a Single-Family
Residential (RS-10) zoning district to a Village Commercial-20,000 square feet(CV-20) zoning
district for 1.545 acres of land. The subject property is located at 15-3070 Pahoa-Kapoho Road,
on the southeast corner of its intersection with Pahoa-Kalapana Road(Highway 130), across
from Pahoa High School at Kaniahiku Homesteads, Puna, Hawai`i, TMK: 1-5-003:037.
PROPOSED ACTION
1. Applicant's Request: The applicant is requesting a change of zone from a Single-Family
Residential(RS-10) zoning district to a Village Commercial-20,000 square feet(CV-20)
zoning district for the subject, 1.545-acre property. According to the Zoning Code, the
Village Commercial district provides for a broad range of commercial and light industrial
uses that are necessary to serve the population in rural areas where the supplementary
support of the general business uses, and activities of a central commercial district is not
readily available. Requirements for establishing a land use in the CV district, including a
list of the variety of permitted land uses, are shown in Section 25-5-120 to 128 of the
Zoning Code. (Planning Department Exhibit 1—Zoning Code Requirements for
Village Commercial Districts).
2. Applicant's Objective for Request: The applicant secured'a Use Permit in 2013 to
allow the construction of a 13,520 square foot medical facility and related improvements
on the subject property. However, while the applicant has taken steps to comply with the
conditions of the Use Permit, they have not constructed the permitted medical clinic due
to lava flows affecting Pahoa and lower Puna in 2014 and 2018, where the subject
property was used as a community hub during the 2018 flow and was subsequently
developed as the Pahoa Cultural Center, including the construction of four(4) community
buildings under an emergency proclamation. With the lava flow subsiding and
timeframes for completion of the medical clinic imminent, the applicant determined that
-1-
limiting the site for only a medical facility has made its development less financially
feasible and therefore more difficult to construct. Having the ability to entertain non-
medical uses increases the financial viability of the project. If the subject change of zone
application is approved, the applicant requests revocation of the existing use permit and
conceptually plans to develop the property in two (2)phases, the first of which will
include the adaptive re-use of three(3) existing structures on the property for commercial
purposes in the near term. The second phasewould include the removal of the existing
structures on the property and the development of a new, mixed-use medical, retail, and
office complex consisting of a single-story, 13,520 square foot structure, 46 parking stalls
(including two ADA stalls) and related improvements. The applicant envisions the
projected uses to be approximately 70% of the structure for medical and office uses with
30% targeted for retail uses. Finally,the applicant indicated that a change of zone to CV-
20 could facilitate the use of a portion of the property as a County transit hub or other
uses to further the implementation of the Kilauea Recovery and Resiliency Plan(KRRP);
however, the applicant subsequently clarified that the County is no longer considering
this site for a transit hub, thus the applicant is not proposing the property's use for this
purpose.
3. Supportive Information: The applicant has submitted the attached in support of the
request(Planning Department Exhibit 2—Change of Zone Application dated August
16, 2021, Planning Department Exhibit 3—Supplemental Information Letter dated
September 1, 2021 & Interim Site Plan Letter dated September 3, 2021, and
Planning Department Exhibit 4—Additional Information re: Building Permits,
Modified Interim Site Plan and Discussion of Alternatives to Curb, Gutter,
Sidewalk Requirements, Email dated December 9,2021.)
4. Landowner: Aguinaldo 4, LLC.
BACKGROUND INFORMATION
5. November 19, 2013: The Windward Planning Commission approved Use Permit No.
13-000043 (USE 13-43)to allow the construction of a 13,520 square foot medical facility
and related improvements on the subject property(Planning Department Exhibit 5—
USE 13-000043).
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6. January 14,2014: The Planning Director issued Final Plan Approval (PLA-13-000999)
for the development of the medical facility and related improvements.
7. March 1, 2019: The Planning Director issued Final Plan Approval (PLA-18-001583) to
allow the development of community buildings including a two (2) community center
structures, a pavilion, stand-alone restrooms, and an admissions kiosk totaling 2,240
square feet of structures. This Final Plan Approval was issued under an Emergency
Proclamation by then Mayor Harry Kim dated December 6, 2018. This Final Plan
Approval rescinded PLA-13-000999.
8. March 8, 2019: Date of issuance for building permit number BH2019-00237 for new
men's and women's restroom facilities for the cultural center with ADA lavatories.
Construction of these facilities has yet to commence.
9. May 23, 2019: Final inspection/certificate of occupancy date for new cultural center
buildings No. 1 and No. 2., which were each constructed with an open-covered lanai and
open-covered entry area and no plumbing. Each structure totals 720 square feet in size.
10. June 3, 2019: Final inspection/certificate of occupancy date for a new admissions kiosk
totaling 64 square feet and a new pavilion totaling 800 square feet related to the cultural
center.
STATE AND COUNTY PLANS
11. State Land Use District: Urban.
12. General Plan LUPAG Map Designation: Medium Density Urban.
13. County Zoning: Single-Family Residential= 10,000 square feet (RS-10).
14. - Puna Community Development Plan(CDP): The Puna CDP was adopted by the
Hawai`i County Council, Ordinance 08 116, on September 10, 2008, and was amended
on November 4, 2010 by Ordinance No. 10-104; June 8, 2011 by Ordinance Nos. 11-51,
11-52, & 11-53; and December 6, 2011 by Ordinance No. 11-117 & 11-118. The subject
property is located within the CDP designated Pahoa Regional Town Center.
15. Pahoa Village Design (PVD) District: The subject property is situated within the PVD
District, thus any structures built on the property are subject to review against the PVD
Guidelines and approval by the Pahoa Village Design Review Committee.
-3-
16. Special Management Area: The property is not located within the Special Management
Area(SMA). The property is over six(6)miles from the nearest coastline.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
17. Subject Property: The subject, 1.545-acre property is triangular in shape and located in
the southeast corner of the intersection of Highway 130 and Highway 132. The property
has been fully graded and has been improved with four(4) community buildings
permitted by the County as articulated above.
18. Surrounding Land Uses/Zoning: Surrounding lands are zoned A-la and A-5a on the
east side of Highway 130 and RS-10, A-la, CV-10 and CN-20 on the west side of
Highway 130. The east side of the highway consists mainly of dwellings, agricultural
uses, and vacant land. There is a church north and across Highway 132 near the subject
property. Tangerine Acres Subdivision is east of the subject property. The west side of
the highway is the part of Pahoa Village and includes the Pahoa High School Complex,
Pahoa Sacred Heart Church and preschool, and several commercially zoned properties.
19. Flood Zone: Zone"X", an area determined by FEMA to be outside the 500-year flood
plain.
20. Flora/Fauna Resources: As the property has been extensively grubbed and graded, no
floral or faunal surveys have been prepared for this application. According to the
applicant, residual vegetation on the subject site consists of some ginger, ti-leaf, palms,
and other non-native landscaping. Birds observed in the vicinity of the project area
include mynah, dove, cardinal, Japanese white-eye, and finch. Common terrestrial fauna
in the area includes mongoose, feral cats, rats, and coqui frogs.None of the present plant
or animal species are considered endangered.
21. Archaeological/Cultural/Historical Resources: Through the previous Use Permit
process for a medical clinic on the property, the Department of Land and Natural
Resources-State Historic Preservation Division issued a"no-effect" determination on
September 9, 2013, due to previous grubbing/grading of the property(see Exhibit B of
the application).
22. Public Access: There is no designated public access to the mountains or the shoreline
that traverses the property.
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i
23. Traffic: According to the applicant, based on a review of the Institute of Traffic
Engineers (ITE) trip generation manual, the proposed development, at full buildout,
would only generate 42 peak hour trips(assuming 3,500 square feet of retail space, 4,000
square feet of medical clinic space and 6,000 square feet of general office space) which
would not exceed the 50 peak hour trips which would trigger the requirement for a
Traffic Impact Analysis Report(TIAR).
UTILITIES AND SERVICES
24. Access: Access to the property is proposed from Pahoa-Kapoho Road(Highway 132),
which is a County-owned and maintained roadway with a pavement width of
approximately 22 feet within a 60-foot-wide right-of-way and designated by the General
Plan as a major collector road. The proposed driveway is situated as far from the
intersection as possible to avoid traffic backing up onto Highway 130. There is a 6-foot-
wide paved shoulder along the property boundary as well. No access point is proposed
onto the Pahoa-Kalapana Road(Highway 130), which is a State owned, limited access
highway. According to the Department of Public Works (DPW)-Engineering Division,
any driveway connections and/or construction within the Pahoa-Kapoho Road Right-of-
Way(ROW), would need to conform to Chapter 22, of the Hawai`i County Code and be
approved by DPW. Based on the proposed commercial zoning, DPW recommends that
the applicant provide improvements to the property's Pahoa-Kapoho Road frontage,
including pavement widening and construction of concrete curb, gutter and sidewalk,
relocation of utilities, and other required improvements. Finally, DPW recommends that
the applicant design, purchase and install streetlights and traffic control devices that may
be required by the Traffic Division.
In response, the applicant has requested relief from the requirement to provide curb,
gutter, and sidewalk improvements citing incompatibility of these"urban type"
infrastructure improvements with the rural character of the community and the lack of
similar facilities in the immediate vicinity of the property. Instead, the applicant is
proposing to construct or delineate a new, 8-foot wide,paved pedestrian path within the
subject property that would be available to the public during normal business hours, but
closed to the public after hours to discourage loitering. The applicant included an
•
-5-
updated, interim site plan showing the general location of the proposed private pedestrian
path in their December 9, 2021 submittal.
25. Water: According to the Department of Water Supply(DWS), County water is available
to the property from an existing 8-inch waterline within Pahoa-Kapoho Road fronting the
subject parcel or an existing 12-inch waterline within Pahoa-Kalapana Road. There are
two (2) existing services to the parcel, each capable of accommodating a 5/8-inch meter,
which is limited to an average daily usage of 400 gallons per day. A water demand study
will be required, including the estimated peak flow in gallons per minute(GPM), and the
total estimated maximum daily water usage in gallons per day, including all irrigation
use. Based on the preceding, if an additional service is necessary, a larger or additional
water meter will need to be installed and remittance of the prevailing facilities charge will
be required. The 2,000 GPM flow for fire protection can be accommodated via a 12-inch
waterline but is inadequate from the existing 8-inch waterline fronting the parcel, thus the
applicant should contact the Fire Department to determine any other fire protection
requirements.
26. Wastewater: As there is no County sewer in the area, the applicant proposes to develop
the property with an approved sewage disposal system conforming to the State of
Hawai`i, Department of Health requirements.
27. Solid Waste: There are no municipal waste collection services in the County. According
to the Department of Environmental Management(DEM)—Solid Waste Division, use of
County Transfer Stations would not be allowed, thus, the applicant proposes to manage
site-generated solid waste at approved refuse collection sites.
28. Utilities and Services: Electric and telephone services are available to the property.
Police and fire services are available nearby in Pahoa and medical services are available
in Pahoa and Hilo.
AGENCY COMMENTS PROVIDED
29. Department of Public Works-Engineering Division: (Planning Department Exhibit
6 —September 21, 2021 Memo)
30. Department of Water Supply: Planning Department Exhibit 7— October 20,2021
Memo)
-6-
31. Department of Environmental Management: (Planning Department Exhibit 8—
September 23, 2021 Memo)
32. Police Department: (Planning Department Exhibit 9—September 29, 2021 Memo)
33. Fire Department: (Planning Department Exhibit 10—October 21, 2021 Memo)
34. Planning Department-Long Range Division: (Planning Department Exhibit 11 —
October 25, 2021 Memo)
35. Department of Health: (Planning Department Exhibit 12—September 22,2021
Memo)
AGENCIES/ASSOCIATIONS—NO RESPONSE
36. DPW-Traffic Division, DPW-Building Division, County of Hawai`i Civil Defense, State
Department of Transportation, and Mainstreet Pahoa Association.
APPLICANT'S RESPONSE TO AGENCY COMMENTS
37. Letter from Sidney Fuke, Planning Consultant in response letters to agency comments.
(Planning Department Exhibit 13—Letter dated November 16, 2021)
PUBLIC COMMENTS
38. The Planning Department has not received any objections or comments from the general
public or adjacent landowners on the subject application at the time of this writing.
-7-
ZONING § 25-5-115
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 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 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 96-160, sec 2; ratified April 6, 1999; am 2005, ord 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 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 13; am 2015,
ord 15-33, sec 4.)
Division 12. CV,Village Commercial Districts.
Section 25-5-120. Purpose and applicability.
The CV(village commercial) district provides for a broad range or variety of
commercial and light industrial uses that are necessary to serve the population in rural
areas where the supplementary support of the general business--uses and activities of a
central commercial district is not readily available.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
25-107
Planning eat.
Exhibit_ ... __..n
§ 25-5-121 HAWAI`I COUNTY CODE
Section 25-5-121. Designation of CV districts.
Each CV(village commercial) district shall be designated by the symbol"CV"
followed by a number which indicates the minimum land area, in number of thousands
of square feet, required for each building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-122. Permitted uses.
(a) The following uses shall be permitted in the CV district:
(1) Adult day care homes. •
(2) Amusement and recreation facilities, indoor.
(3) Art galleries, museums.
(4) Automobile sales and rentals.
(5) Automobile service stations.
(6) Bars.
(7) Bed and breakfast establishments, as permitted under section 25-4-7.
(8) Boarding facilities, rooming, or lodging houses, provided that the maximum
density shall be one thousand two hundred fifty square feet of land area per
rentable unit or dwelling unit.
(9) Business services.
(10) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(11) Churches, temples and synagogues.
(12) Commercial parking lots and garages.
(13) Community buildings, as permitted under section 25-4-11.
(14) Convenience stores.
(15) Crematoriums, funeral homes, funeral services, and mortuaries.
(16) Crop production.
(17) Day care centers.
(18) Dwellings, double-family or duplex, provided that the maximum density shall
be one thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
(19) Dwellings, multiple-family, provided that the maximum density shall be one
thousand two hundred fifty square feet of land area per rentable unit or
dwelling unit.
(20) Dwellings, single-family.
(21) Family child care homes.
(22) Farmers markets. When the vending activity in a farmers market involves
more than just the sale of local fresh and/or raw produce, plant life, fish and
local-homegrown and homemade products-for more than two-days a week, the
director, at the time of plan approval, shall restrict the hours of use,
maintenance and operations and may require improvements as determined
appropriate to ensure its compatibility with the existing character of the
surrounding area.
(23) Financial institutions.
25-108
ZONING § 25-5-122
(24) Group living facilities.
(25) Home occupations, as permitted under section 25-4-13.
• (26) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(27) Hotels, when the design and use conform to the character of the area, as
approved by the director.
(28) Laboratories, medical and research.
(29) Lodges.
(30) Manufacturing, processing and packaging light and general, except for
concrete or asphalt products, where the products are distributed to retail
establishments located in the immediate community, as approved by the
director.
(31) Medical clinics.
(32) Meeting facilities.
(33) Model homes, as permitted under section 25-4-8.
(34) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar
neighborhood recreational areas and uses.
(35) Offices.
(36) Personal services.
(37) Photography studios.
(38) Public uses and structures, as permitted under section 25-4-11.
(39) Publishing plants for newspapers, books and magazines, printing shops,
cartographing, and duplicating processes such as blueprinting or photostating
shops, which are designed to primarily serve the local area.
(40) Repair establishments, major, when there are not more than five employees,
as approved by the director.
(41) Repair establishments, minor.
(42) Restaurants. -
(43) Retail establishments.
(44) Schools.
(45) Short-term vacation rentals.
(46) Telecommunication antennas, as permitted under section 25-4-12.
(47) Temporary real estate offices;as permitted under section 25-4-8.
(48) Theaters.
(49) Utility substations, as permitted under section 25-4-11.
(b) In addition to those uses permitted under subsection (a) above, the following uses
may be permitted in the CV district, provided that a use permit is issued for each
use:
(1) Golf courses and related golf course uses, including golf driving ranges, golf
maintenance buildings and golf club houses, provided that the property is
within the state land use urban or rural district.Golf courses and golf driving
ranges shall not be permitted within the state land use agricultural district
unless approved by the County before July 1, 2005.
(2) Major outdoor amusement and recreation facilities.
(3) Yacht harbors and boating facilities.
25-109 SUPP. 10 (7-2021)
§ 25-5-122 HAWAII COUNTY CODE
(c) Residential uses in connection with the operationof any permitted uses shall be
permitted in the CV district.
(d) Buildings and uses similar to the permitted uses listed in subsection (a) above shall
be permitted in the CV district, as approved by,the director.
(e) Buildings and uses normally considered accessory to the uses permitted in this
section shall also be permitted in the CV district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2012, ord 12-28, sec 14; am 2014, ord
14-86, sec 12; am 2018, ord 18-114, sec 12; am 2021, ord 21-26, sec 12.)
Section 25-5-123. Height limit.
The height limit in the CV district shall be thirty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-124. Minimum building site area.
The minimum building site area in the CV district shall be seven thousand five
hundred square feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-125. Minimum building site average width.
Each building site in the CV district shall have a minimum building site average
width of sixty feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-126. Minimum yards.
The minimum yards in the CV district shall be as follows:
(1) Front or rear yards, fifteen feet; and
(2) Side yards, none, except where the adjoining building site is in an RS, RD, RM
or RCX district. Where the side yard adjoins the side yard of a building site in
an RS, RD, RM or RCX district, there shall be a side yard which conforms to
the side yard requirements for dwelling use of the adjoining district.
(1996, ord 96-160, sec 2;ratified April 6, 1999.)
Section 25-5-127. Landscaping of yards.
(a) All front yards,in the CV district shall be landscaped, except for necessary access
drives and walkways, and except for the construction of one single-family dwelling
and accessory buildings per lot.
(b) Where any required side or rear yard in the CV district adjoins a building site in an
RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a
screening hedge not less than forty-two inches in height, within five feet of the
property line, except for necessary drives and walkways, and except for the
construction of one single-family dwelling-and accessory buildings per lot. --
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05=155, sec 14.)
SUPP. 10 (7-2021) 25-110
li
ZONING § 25-5-128
Section 25-5-128. Other regulations.
(a) Plan approval shall be required for all new structures and additions to existing
structures in the CV district, except for construction of one single-family dwelling
and any accessory buildings per lot.
(b) Exceptions to the regulations for the CV district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-155, sec 15; am 2015,
ord 15-33, sec 4.)
Division 13. MCX,Industrial-Commercial Mixed Districts.
Section 25-5-130. Purpose and applicability.
The purpose of the MCX (industrial-commercial mixed use) district is to allow
mixing of some industrial uses with commercial uses. The intent of this district is to
provide for'areas of diversified businesses and employment opportunities by permitting
a broad range of uses, without exposing nonindustrial uses to unsafe and unhealthy
environments. This district is intended to promote and maintain a viable mix of light
industrial and commercial uses.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-131. Designation of MCX districts.
Each MCX (industrial-commercial mixed use) district shall be designated by the
symbol"MCX" followed by a number which indicates the minimum land area, in
number of thousands of square feet, required for each building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-132. Permitted uses.
(a) The following uses shall be permitted in the MCX district:
(1) Agricultural products processing, minor.
(2) Amusement and recreation facilities, indoor.
(3) Art galleries, museums.
(4) Art studios.
(5) Automobile sales and rentals.
(6) Automobile service stations.
(7) Bars, nightclubs and cabarets.
(8) Broadcasting stations.
(9) Business services.
(10) Car washing.
(11) Catering establishments.
(12) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(13) Churches, temples and synagogues.
25-111
APPLICATION
FOR
COUNTY REZONING
(RS-10 TO CV-20)
APPLICANT: AGUINALDO 4, LLC
Kaniahiku Homesteads
Puna, Hawai'i
TMK: (3) 1-5-003: 037
Prepared For:
Aguinaldo 4, LLC
Prepared By:
Sidney M. Fuke, Planning Consultant
August 2021
Planning Dept.
Exhibit 2
CHANGE OF' ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
('1 ).-p: or Ic.,4it- y print the requested in form:Ilion)
Appt IcAN] : A.41.1inaldo± liC
A ppi,ICA IS :`.-. s",iN A l'i 4?,17.: litV,tf7 \l/417V--Q
ADDRESS: P.O. Box 1925 Pahoa., Hawaii 9677$
,
LIST APPLICANT'S INTEREST ft' NOT OWNER: Landowner ,
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: Tracey Aguinaldo,Managig
Merylt)er: Gilbert Av_uinaldo, Member
PHONE:(Bus,) (808) 965-5554 (Res.)_ (Fax)
L ANDOWNER(S): Agttinaldo 4, LLC
LANDOWNER SIGNATURE(S): _., 4 !At DATE:
(May be by ietter)
LANDOWNER(S)ADDRESS: P.O: Illx. 1925 Pall0a, HI 96778
REQUEST: RS-10 TO CV-20
_
Existing zoning) (Proposed Zoning)
TAX.MAP KEY: 1-5-003: 037
STREET ADDRESS OF PROPERTY: 15-3070 P.ahoa-Kapoho Road
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: _ 1.545 acres
AGENT: Sidney M. Puke., Plannin2, Consultatri.
ADDRESS: .100 PauahiStreet, Suite 212 _ ...
Hilo. I-II 96720
_
-.CELEPI-IONE;(Bus.) 969-1522 (Res.) (Fax)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Sidney Fuke COPIES:, A,uinaldo 4 LLC
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
a. Keep i t? - 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 and retail building
4. Have you performed any study which would demonstrate a need for
your proposed building and/or development? No
if so, please elaborate on your findings in the space provided
below.
-2-
•
•
5. Have you performed any study which discusses the •
environmental impacts your request would nave on the
surrounding area and/or the County? Yes
If so, please elaborate on your findings in the space
provided.below.
Please refer to accompanying planning and environmental report •
6. Are there any buildings on the subject area? No
If so, what kind?
•
What do you intend to do with those buildings if your
request is approved?
•
7. Is the subject land currently being used for any
• agricultural activity? No
if so, please list the kinds of products grown on and
how many square feet or acres of land per product?
•
-3-
8. To your knowledge, has there been any flooding and/or •
drainage problem on the subject area? No
•
If so, please describe the problem. •
9. Do you think that the roads leading to the subject area
needs improvement? No
If so, what kind? •
Is the road adequate for the proposed traffic volume
or load? Yes
10. What sort of governmental assistance and/or improvements
do you feel will be needed in the subject area when
developed?
• yes N
a. Schools x
b. Roads • x -
c . Sewer x
d. Drainage •
x .
e. Police Protection •
x
f. Fire Protection
•g. Recreational Facilities
h.- Recreational Facilities
i.
•
-4-
Erdr. kiL;IS
azstcnoo
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
s4pleme:L ,
No, inasmuch as the site has been cleared in the past.
4. 0
,44Ait
Address P,O, Box'1.9f)5 Pahoa, 1-fl 96778
Telephone: 965-5554
Date: August 15,2021
-5-
6338A/50A
P. D. 5/84
COUNTY ENVIRONMENTAL REPORT
COUNTY REZONING REQUEST - RS-10 to CV-20
AGUINALDO 4, LLC
KANIAHIKU HOMESTEADS, PUNA, HAWAII
TAX MAP KEY: (3) 1-5-003::037
I. INTRODUCTION
Aguinaldo 4, LLC ("Applicant") is requesting the rezoning of a parcel of land
consisting of approximately 1.545 acres from Single-Family Residential (RS-10)
to Village-Commercial (CV-20) in the Village of Pahoa, Puna, Hawai'i. The
subject site is located on the southeastern corner of the intersection of Pahoa-
Kalapana Road (Highway 130) and Pahoa-Kapoho Road (Highway 132). The
Pahoa High School complex is situated across of the subject property.
If successful, the Applicant plans to construct a 13,520+/- square-foot structure-
primarily for office and medically-related uses, and some retail uses. However,
the Applicant istotally amenable to setting aside an area for a "Transit Hub" and
entertain other uses to further the implementation of the recently released
Kilauea Recovery and Resiliency Plan ("KRRP").
II. PROJECT LOCATION
As noted earlier, the subject site consists of approximately 1.545 acres and is
identified by TMK: (3) 1-5-003: 037. The site is located on the southeastern
corner of the intersection of Pahoa-Kalapana Road (Highway 130),and Pahoa-
Kapoho Road (Highway 132). The Pahoa Intermediate and High School
complexes are located across of and to the west of the subject property across of
Highway 130. (Figure 1—Location Map with Zoning and Figure 2—Aerial of
Project Area Site)
Further to the northwest beyond the school complexes are a variety of
commercial uses and residential neighborhoods —essentially the core of Pahoa
Village. The New Hope Puna Church complex is located across (north) of
Highway 132 and proximate to the subject site.
Ifl
: �y1�,0
4 ds SUBJECT PROPERTY
deo
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Figure 1 —Location Map with Zoning
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X.
Figure 2—Aerial of Project Area
2
_ l
III. PROJECT DESCRIPTION
A. Project Concept
The Applicant requested and received a Use Permit (USE 13-000043) on
November 7, 2013 to allow "the construction of a 13,520 square foot medical
facility and related improvements"on the subject property. (Exhibit A)
However, while the Applicant still intends to proceed with a building that
would accommodate medical offices, it does not want the structure to be
limited to only that use for two (2) reasons.
For one, since issuance of the Use Permit in 2013, the 2018 Kilauea eruption
affecting lower Puna has affected many residents in this area. This has then
resulted in the recently completed KRRP. This site, thus, could not only serve
as a transportation hub but further the objectives of the KRRP. With a
commercial zoning, it could readily accommodate uses or activities that
further the objectives of the KRRP.
Further, limiting the site for only a medical facility had made its development
less financially feasible and therefore more difficult to construct. As such,
having the capacity to entertain non-medical uses increases the financial
viability and funding of the project.
If the request is approved, the Applicant would want to construct the originally
envisioned 13,520 square foot structure. However, its projected uses would
be approximately 70% of medical and office uses with the balance of 30%
targeted to retail. The structure is not anticipated to exceed 20 feet in height
and would have at least 46 parking stalls, including two (2) ADA stalls.
(Figure 3-Site Plan and Figure 4-Building Elevation)
Access to the site would be from Pahoa-Kapoho Road (Highway 132), a
- County road.
It should be emphasized that the proposed structure and parking location are
preliminary and may be adjusted to accommodate the spatial requirements of
the potential building, applicable rezoning conditions, County's design review
and related construction requirements, and possible tenants and/or uses
envisioned-by the-KRRP. -
B. Project Timetable and Cost
Should the request be approved, the Applicant intends to finalize the
construction plans and begin construction within the next year.
The estimated cost of this project is $750,000.
3
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4
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Figure 4—Building Elevation
5
•
IV. ENVIRONMENTAL CONSIDERATIONS
A. General Description
The subject 1.545-acre property is triangularly-shaped with frontages on both
the Pahoa-Kapoho Highway and Pahoa-Kalapana Highway.
The subject area is fairly level with no significant undulations. There are
some ginger, ti-plants, and palms. •
The project site has been extensively graded and includes the recent
construction of three structures ranging in size from 720 to 800 square feet.
These buildings were originally intended to accommodate a cultural center.
As of the date of this report, these two buildings remain vacant and unused.
B. Climate, Soil and Topography
At approximately the 800-foot elevation level, the site is located about six (6)
miles from the ocean. The average annual rainfall is 140 inches. The
average annual temperature ranges between 72 to 80 degrees Fahrenheit,
with occasional higher and lower ranges during certain periods such as
summer or winter months.
The prevailing wind patterns in the area are often light and variable,
dominated by trade winds (easterly) during the day and westerly or mountain
winds during the evenings.
The Land Study Bureau Overall Master Productivity Rating of this area is D
(D181) or poor. This designation suggests that the site has very poor
potential for agricultural productivity. Further, this type of soil is characterized
by shallow, moderately fine soil that is very poorly suited for machine tillability.
The parent material is volcanic ash, and it is well drained but moist.
The project site is unclassified under the Agricultural Lands of Importance to
the State of Hawaii (ALISH) classification system. This classification does not
recognize this site as being agriculturally important.
C. Natural Hazards
1. Drainage
The Federal Flood Insurance Rate Map (FIRM) identifies the subject site
to be within Zone X (areas outside of 500-year flood). There are no
existing drainage ways on the site.
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2. Tsunami Hazard
Given its elevation (800+/- feet) and distance from the nearest shoreline
(6+/- miles), it is located outside of the Civil Defense's Tsunami
Evacuation Zone. Thus, there should be little or no threat from high
waves.
3. Volcanic and Earthquake Hazards
According to the United States Geological Survey maps, the project site is
located within Lava Flow Hazard Zone 2, on a scale of ascending risks 9
to 1. The entire City of Hilo fallsin the Zone 3 category. Notwithstanding
this category, it should be noted that there was a lava flow in this general
area that stopped short of Pahoa Village in 2015.
that there is little that can be done to protect structures and
Please note
improvements on the site from lava flows. Like all residents and
commercial operators, the reliance would be on the evacuation system
provided by the County.
The Building Code designates the entire island of Hawaii Earthquake
Zone 4 and contains certain structural requirements to address the relative
seismic hazard. These will be complied with in conjunction with the
construction of any new structure on the site.
D. Fauna Resources
Although there was no professional survey conducted of the faunal
resources of the site, the applicant does not believe that rare or endangered
faunal resources are likely to be found within or proximate to the subject site.
This is due to the already developed state of the subject area and its
immediate surrounding area.
Nonetheless, due to the semi-developed state of this area, the faunal
resources should be somewhat typical of other developed areas. One may
thus find bird species such as the Spotted Dove, -Japanese White-eye, House
Finch, Common Myna, and the like. Domestic animals such as cats and
dogs, and other animals like rats and mongoose are also common.
None of these are endangered animals. As such, it is unlikely that the
development of this property would cause any adverse faunal impacts.
E. Flora Resources
Similarly, no commissioned botanical survey was done of the subject site, as
it has been extensively cleared. The residual vegetation of the subject area
consists of some ginger, ti-leaf plants, palm, and other non-native
landscaping.
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All of these are alien or introduced plants which can also be found in similar
areas in the Pahoa area. None of these were considered threatened or
endangered by the US Fish and Wildlife Service. Thus, it can be reasonably
argued that development of this area is not expected to have a significant
negative impact on the botanical resources.
F. Archaeological Resources
In conjunction with the Use Permit (Exhibit A), the State Historic Preservation
Division issued a "no historic properties affected" determination on
September 9, 2013 due to the prior grading/grubbing of the site. (Exhibit B)
Notwithstanding the above, during improving the site, should any
unanticipated archaeological features or sites be uncovered, work will cease,
and the applicant will immediately notify the Planning Department.
G. Valued Cultural Resources
The recent Hawaii State Supreme Court's "PASH" and "Ka Pa`akai
O Ka Aina"decisions require decision-makers to consider a project's impact
to native Hawaiian gathering and fishing rights. Specifically, there must be a
discussion of the cultural, historical, and natural resources and associated
traditional and customary practices of this site and the impact of this project to
these resources and practices.
In this situation, the subject site is not adjacent and/or proximate to the
shoreline. As such, fishing and coastal access is not an issue.
Furthermore, as noted in the floral and faunal analysis, there are no known
rare or endangered plants or animal life. The Applicant has not observed any
native Hawaiians gathering plants within or proximate to the subject site. As
such, it would appear very unlikely that the site would serve such purpose
today and/or in the recent past.
Nonetheless, if legitimate claims are made, the Applicant will make
appropriate access accommodations.
Furthermore, in the event inadvertent discoveries are made while improving
the site, appropriate protocols will be taken. These include stopping work and
making contacts and determining appropriate courses of action with the State
Historic Preservation Division.
Based on the above, it does not appear that the project would have any
potential adverse impacts relating to native Hawaiian cultural and historical
resources and/or practices.
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H. Water and Coastal Resources
The subject site is located about six (6) miles from the coastline. As such,
coastal impacts resulting from discharge of drainage systems from the site
should not be significant. Being a non-coastal property, no coastal access
will be affected.
Any use of the property will comply with the requirements of the State
Department of Health relative to wastewater systems. This may consist of
septic system or systems. Thus, there should be further protection of the
groundwater or near shore water impacts resulting from this project..
I. Noise, Air Quality, and Dust
Generally, air quality is affected by regional and local climates as well as the
amount and type of human activity in each location. No large, stationary
sources of air pollutants and no major industries are located within the project
area. Air quality in the vicinity is most affected by emissions from natural and
vehicular sources.
Existing ambient,noise in this area includes wind, foliage, and traffic along the
existing streets, particularly the Pahoa-Kapoho and Pahoa-Kalapana Roads.
Although the project will increase traffic in the area, the added traffic activity 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 quality impact would be associated with vehicular traffic to and from the
site. While the added traffic will have an impact to the ambient air quality, the
impact should not be significant. This is due in part to the higher EPA
standards for vehicular air emissions and the prevailing trade winds.
Relative to new construction, there may be short-term noise impacts during
the construction phase. To mitigate this impact, all construction activity will
be limited to daylight hours and weekdays. Contractors will be required to
comply with established State Department of Health guidelines and standards
relating to noise and emission controls.
Given the existing ambient noise and existing urban environment, the
proposed request would not have a significant noise impact to surrounding
properties.
J. Scenic and Visual Considerations
In the Natural Beauty element of the General Plan, there are sites or areas
listed as scenic resources. The subject site is not listed as a scenic site.
From either the Pahoa-Kapoho and Pahoa-Kalapana Roads, the subject site
9
should not impede the views of Mauna Kea, Mauna Loa or any of the
identified scenic resources.
Notwithstanding those circumstances, the height of the new structure would
be no taller than 25 feet, which would be less than the maximum of 35 feet ,
allowed within the existing single-family residential zone and the maximum 30
feet allowed within the requested CV-zoning district.
V. SOCIAL AND RELATED CONSIDERATIONS
A. Surrounding Land Uses
The surrounding land uses in this area are a mixture of residential
and rural-residential sized lots and commercial uses. There are commercial
uses and zoned properties to the north towards the core of Pahoa Village.
Less than a thousand feet from the subject site, there are some residential
uses to the southwest, as well as north where there is a church and the
northwest with the Pahoa School complex. Hence, the requested use would
be compatible with the evolving land use pattern in this area.
There is no active agricultural activity on the property or even on the adjoining
properties. Given the existing and zoned conditions, the proposed CV-20
zoning would not be incongruous with the evolving mixture of
commercial/residential pattern of this area.
B. Economic Impacts
The requested zoning would have some measure of direct economic impact.
From a.short-term standpoint, there would be the construction impact; from a
long-term impact, it would provide much needed supportive commercial retail
and office uses (including medical facilities) to the region. In so doing, it
would provide opportunity for complementary uses, uses that could
strengthen an area's overall economic stability.
C. Agricultural Impacts
As noted earlier, the site and surrounding area have not been intensively
used for agriculture in the recent past. Given its soil classification of"E",
intensive agricultural activity may be absent here. This type of soil condition
is common in this area and the development should not result in the removal
of significant agricultural properties.
VI. INFRASTRUCTURE CONSIDERATIONS
A. Road
Prior to the completion of the Pahoa Bypass Road, access to the site would
be via the extension of Pahoa Village Road. The Bypass, however, which
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abuts the northern portion of the subject site, resulted in creating this
triangular shaped parcel which borders both the Pahoa-Kalapana (Highway
130) and Pahoa-Kapoho Roads (Highway 132). This intersection is
signalized.
Access to the project site would be taken from the Pahoa-Kapoho Road, a
County-owned and maintained road. This road has a right-of-way of 50+/-
feet with a pavement width of 20+/-feet and grassed shoulders. There is no
sidewalk in this area; If approved, the Applicant is amenable to setting side,
improve as may be needed, and then dedicate the additional right-of-way with
improvements fronting the site to the County.
The concurrency requirement for a TZAR is fifty (50) or more peak hour trips.
A Traffic Impact Analysis Report ("TIAR"), however, was not prepared, as the
Applicant does not anticipate traffic generation that would exceed fifty (50)
AM or PM peak hour movements.
Office use, unlike a retail dominant use, generally generates fewer vehicular
trips. 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,
whereas the more intensive retail use like a shopping center would be four (4)
trips per 1,000 square feet. Thus, with an estimated 10,000 square feet of
office use (which also includes medical use), the Applicant projects
approximately 15 trips. For the estimated 3,500 square feet of retail space,
that would translate to approximately 14 movements. Collectively, we would
be looking at approximately 29 trips, which would be less than the 50 trips
threshold.
In conjunction with the Use Permit for a medical facility, a Traffic Assessment
Report was prepared by Witcher Engineering LLP. The report made the
following conclusions:
a. Overall, the project"will have minimum affect on the flow of traffic on
Highway 132."
b. Eastbound (Hilo bound) traffic on Highway 132 would not be affected.
Westbound (maka!) would continue to operate at Level of Service (LOS)
A.
c. Because of the signalized intersection, there will be gaps in vehicular
movements that should enable vehicles to exit the site reasonably and
safely.
Those conclusions should be applicable to the proposed mixture of
office/retail uses. In sum, while there will be some measure of traffic impact,
impacts will be mitigated through the existing signalized intersection and
assuring that the project's access has adequate sight distance. Since the
preparation of this traffic report in 2013, the 2018 Kilauea eruption
unfortunately destroyed a number of communities within this part of Puna,
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resulting in a significant reduction of home- and work-bound traffic along both
Highways 130 and 132 in the vicinity of the subject property, further assuring
the continued relevancy of the conclusions arrived to in the previously
prepared traffic assessment report.
B. Water
The site is currently served by a 1-inch service lateral which can
accommodate a 5/8-inch meter. There are also an existing 8-inch waterline
within the Pahoa-Kapoho Road and a 12-inch waterline within the Pahoa-
Kalapana Road. A water demand study will be performed, and based on this
study, the meter size and fire flow requirements will be determined. The
requirements will then be implemented by the Applicant.
C. Wastewater
The Applicant will construct a septic system to address the wastewater
requirements. If that is insufficient, the Applicant will provide added systems
to address the requirements of the State Department of Health.
D. Solid Waste
Any construction-related waste will be handled by commercial haulers who
will dispose of the refuse at the county approved landfill, which at this time is
in Hilo. As may be necessary, the waste will be segregated and disposed off
in manner consistent with State Department of Health requirements.
Although the Applicant, if required, will prepare a Solid Waste Management
Plan to help address ways to accommodate and reduce the project's
construction and operational waste.
E. Other Government Services and Facilities
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 in Pahoa Village, less than a mile from the subject site. Similarly,
the Police Station is in the Village. An emergency warning siren is located at
Pahoa Regional Park, approximately 1,700 feet to the northwest of the
subject property.
Public school (K-12) is available at the Pahoa High School complex also
approximately 600 feet from the subject site. There is a County park also less
than 1,000 feet away in Pahoa Village.
As such, the project should not result in the extension of any government
services. Further, the required public facilities are located reasonably
proximate to the subject site.
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F. Other Utilities
All other utilities such as telephone, cable, and electrical services are
available to the site.
VII. INSTITUTIONAL AND REGULATORY CONSIDERATIONS
A. State Land Use
The subject property is designated Urban. As such, a State Land Use
boundary amendment to cover the requested CV-20 zone would not be
required.
B. Hawaii State Plan
Chapter 226, Hawaii Revised Statutes, outlines the long-range goals and
policies of the Hawaii State Plan. Said Plan is intended to serve as a guide
for the growth and future long-range development of the State.
Pursuant to said requirement, a discussion of the pertinent policies and goals
and the project's relationship follows:
Goals
• A strong, viable economy,characterized by stability, diversity, and
growth that enables the fulfillment of the needs and expectations of
Hawaii's present and future generations.
• A desired physical environment characterized by beauty, cleanliness,
quiet, stable, and natural systems, and uniqueness that enhances the
mental and physical well-being of the people.
• Physical, social, and economic well-being for individuals and families that
nourishes a sense of community responsibility and caring of participation
in family life.
Discussion
The proposed use would achieve these goals. It would provide both direct
and indirect employment opportunities for current and future residents of the
island; contribute to the island's overall tax base and hence, increase both
State and County revenues; and complement and support other economic
uses—particularly the surrounding and evolving mixture of uses - and, in turn,
contribute to the stability, diversity, and growth of local and regional
economies.
This employment opportunity would come without adversely affecting the
environment. There is no known wildlife or plant life listed as either
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endangered or threatened on the subject site. Then, too, there are no known
archaeological or cultural features on the site. If there are inadvertent finds,
appropriate mitigative protocols will,be taken.
Impacts to the surrounding areas would also not be significantly adverse. All
required infrastructures are or will be in place by the applicant prior to
occupancy of any portion of the project. These include expanding or
constructing a new private wastewater system and possibly any upgraded
water systems.
During Plan Approval review of the proposed commercial complex, the
Applicant must comply with the County's landscaping requirements that would
provide for landscaping elements along the property's common boundaries
with adjoining properties to mitigate any visual and noise impacts.
C. County General Plan
The County General Plan Land Use Pattern Allocation Guide (LUPAG) map
designates the subject site and surrounding area Medium Density. Based on
this designation, the General Plan allows consideration for"Village and
neighborhood commercial and residential and related functions (3-story
commercial; residential- up to 35 units per acre."
The requested County zoning and planned uses would be consistent with the
uses envisioned within the Medium Density area. As such, no General Plan
amendment would be required to effectuate this project.
The request would also be consistent with the General Plan goals, policies,
and objective. Specifically, the more pertinent ones follow:
Economic Element
Goals
• Provide residents with opportunities to improve their quality of life.
• Economic development and improvement shall be in balance with
the physical and social environments of the island of Hawaii.
• The County of Hawaii shall strive for diversity and stability in its
economic system.
• 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.
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Policies
• The County shall provide an economic environment which allows
new, expanded, or improved economic opportunities that are
compatible with the County's natural and social environment.
• The County shall strive for an economic climate which provides its
residents an opportunity for choice of occupation.
• The County shall strive for diversification of its economy by
strengthening existing industries and attracting new endeavors.
• The County shall encourage the development of a visitor industry
which is consistent with the social, physical, and economic goals of
the residents of the County.
Land Use Element (Commercial)
Goals
• Provide for commercial developments that maximize convenience
to its users.
• Provide commercial developments that complement the overall
pattern of transportation and land usage within the island's regions,
communities, and neighborhoods.
Policies
• Commercial facilitiesshallbe 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
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
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Standards
• Commercial developments shall be 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
In spite of the loss of residences in lower Puna resulting from the most
recent eruption, there are other residential areas that continue to be
populated. As such, there will be a need to accommodate the various
communities' commercial office, medical, and retail needs. A good portion
of these uses are found at the northern and center portion of the Village.
The lower sector is absent. Thus, having opportunities closer to the lower
Puna district area should help reduce regional traffic congestion not only
for workers but patrons who frequent these businesses.
As part of the overall commercial complex, the subject area would help
meet these needs, while fulfilling other policies and standards articulated
in the General Plan. The site is already and will be serviced by adequate
infrastructure. The County water line is already available. Fire protective
services are less than %/2 mile from the site. Wastewater system meeting
with.the standards of the State Department of Health will be provided by
the Applicant in with the development of the project. All other
pp conjunctionp
utilities are available to the site. As such, this development should not
require additional public services to be provided.
The subject area does not have any on-site developmental constraints.
The land is relatively level, and there is no flood (Zone X) or other
hazardous condition that would render the subject area a developmental
problem and pose a burden to public agencies. Further, pollution
concerns typically associated with heavy industry would be minimal, if at
all.
As the land has been cleared, the prospects of the subject area serving as
a habitat for rare or endangered plant or animal life appear remote. Most
of the subject area is devoid of its original vegetation. Then, too, while
16
there may be a potential for some endemic birds to visit this area, the
development of the subject area would not remove a critical habitat. At
the same time, there are alternative areas that would be more suitable for
any habitats.
Likewise, due to the developed physical nature of the subject area, it is
very unlikely that there would be any archaeological features left on the
site. In the event there are some inadvertent archaeological finds, work
will stop and the State DLNR and County Planning Department will be
consulted before further activities occur within the affected area.
The use is also compatible with the surrounding area. For the most part,
properties south and proximate to the subject site are residentialin nature,
with commercial and residential uses to the northwest.
If needed, additional landscaping can be provided to help mitigate
potential visual impacts of the project. As such, while the location of the
,requested area is proximate to a few residences, appropriate mitigation
measures, if needed, can be taken.
Finally, all additional structures built on the site will comply with the
standards outlined in the Zoning Code—such as parking, loading zone,
setback, height, etc.
D. Puna Community Development Plan (CDP)
Section 15.1 of the County General Plan called for the development and
eventual County Council adoption of CDPs. The General Plan states that the
CDP "will translate the broad General Plan statements to specific actions as
they apply to specific geographical areas." The General Plan also notes that
should the CDP require a General Plan amendment, it could be considered
concurrent with the adoption of the CDP. However, "If there is a direct conflict
between the Community Development Plan and the General Plan, the
General Plan shall be 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. 08 116.
The CDP identified a "Regional Town_Center".for, among other areas, Pahoa
town. The subject site is within the Regional Town Center area, as confirmed
by the Planning Department staff assigned to the Puna CDP Action
Committee. This site is also proximate to lands designated and/or zoned for
commercial uses. Thus, the requested zoning is generally consistent with this
land use emphasis.
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In addition to the map, the CDP established three (3) major themes:
• Malama I Ka'Aina which "establishes how the contextual natural,
historic and cultural features of Puna should be preserved." (emphasis
added)
• Growth Management which "addresses how the future pattern of
human settlement and land use should be shaped to respect that
context and support the desired quality of life for Puna's residents."
(emphasis added)
• Transportation which "focuses on sustainable approaches to
transportation to support the goals of the two above themes."
Relative to the Malama I Ka'Aina theme, four (4) major elements were identified
and assigned goals, objectives, and actions. These elements and their
relationship to the proposed action follow:
1. Historic, Cultural, and Scenic Resources
The subject area has been entirely cleared of all vegetation and portions
of it are already being used for parking and driveway access. As such, it .
would appear that archaeological resources of this site are probably non-
existent.
Nonetheless, should there be inadvertent discoveries during the
construction of this project, work will stop and contacts with the County
Planning Department and State Historic Preservation Division will be
made.
The location of the subject area at the intersection of Highways 130 and
132 and across Pahoa High and Intermediate Schools does not present
the area as having value as a scenic resource.
2. Native Forests and Geological Features
Given the location of the subject area and the geological condition of the
site, the goals and objectives of this element would not be applicable to
the proposed project. The subject area is not part of any established
native forest area, neither does it have any significant or unique geological
features.
3. Aquifers,
Coastal Waters and Stormwaters
rs
The subject area is not proximate to potable wells in this area.
Notwithstanding that factor, any development of the subject area will
utilize, if needed, a wastewater system that would comply with the State
18
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 six (6)
miles from the ocean, the goals and objectives of this element would be
fulfilled.
4. Shoreline Area
As the site is not a shoreline or coastal property, this element is not
applicable.
The other theme is Managing Growth. For this, six (6) elements were identified.
These elements and their relationship to the project follow.
1. Land Use Pattern
The Implementation Section (Chapter 5) of the CDP identifies, among
others, Regional Town Centers within which commercial areas are further
identified. The subject area is proximate to commercial areas to the north.
Further, Section 5.2.1 of the CDP focuses on the land use entitlement
process as it relates to regional town centers and community village
centers states that "Future zone changes and State land use boundary
amendments for the regional town centers and community village centers
at Kea'au, Pahoa, and Hawaiian Paradise Park shall be consistent with
the LUPAG map designations of the General Plan." (Emphasis added).
In this situation, the subject site falls within the Medium Density
designation of the General Plan LUPAG map.
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 CDP:
• Improves the quality of life and expands economic opportunity for
Puna's residents.
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• 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 the
needs of the community. Having the project situated in this area provides
the ability to concentrate commercial retail and office uses in a general
location that is designated as a Regional Town Center by the Puna CDP.
Hence, the project's location would not necessarily foster urban
commercial sprawl.
Additionally, the project would indirectly provide economic opportunity for
Puna's residents. This project could eventually and indirectly yield much
needed employment in this area. The subject area is a convenient
location not only for prospective employees but the community in general.
2. Agriculture and Economic Development
The CDP identifies the following:
Goals
• Increase opportunities for diversified agriculture
• Preserve lands for agricultural use
• Increase local market share of Puna agricultural products
Objectives
• Discourage urban growth and further subdivision on lands that have
been identified as having agricultural value
The subject site is currently zoned residential and not agriculture. There is
also no evidence that the site, aside from domestic purposes, has been
used intensively for agricultural purposes in the recent past. It has been
used as a parking area or vacant.
As such, the proposed project should not have an adverse impact on the
agriculture industry. It could be indirectly supportive of it through the
provision of services to that industry.
3. Social Services and Housing
As this is not a housing project, this section is not applicable. Indirectly,
however, by providing employment opportunities in an area that is
20
proximate to lower Puna, the project would reduce commuting time and
expenses. In that regard, it could afford employees and employers to
devote more time to their families and the community.
•
4. Public Safety and Sanitation Services
The subject site is in an area where basic infrastructure is available or will,
if needed, be made by the applicant. These include a private wastewater
system and any additional water system improvement.
5. Parks and Recreation
This section is not applicable, as the project would have no direct impacts
on parks. Nonetheless, there are existing park facilities in the villages of
Kea'au and Pahoa. Then, too, the site is not listed for any future trails or
park related uses.
6. Energy Sustainability
The applicantmayutilize 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:
Goals
• Reduce percentage of residents who commute to employed outside of
Puna
Objectives
• Provide.more services and employment within Puna's village and town
centers
• Create new employment opportunities in Puna to reduce long commuting
It also identifies five (5) elements. The project's relationship to these elements
follows.
1. Traffic Demand Management
Although the intended uses will generate traffic, its impacts can be
mitigated. The existing signalized lights already address much of this
mitigation. Further, the access will be situated away from the intersection,
affording sufficient sight distance.
21
Further, the project's location would help reduce the flow of both workers
as well as residents requiring certain services from traveling outside of the
• district. In that regard, it would fulfill two of the major objectives of this
theme.
2. Mass Transit
This element may be applicable, as this site has been considered one of
the transit hubs. As such, if there is a need to set aside an area to
accommodate this goal, it can easily be accommodated.
3. Roadway Network
As discussed earlier, the site is accessible by two of the major Roads in
this area. Given that, its potential as a possible transit hub would
complement the existing system of roadways in this area.
4. Highways
Access to the project will be from the Pahoa-Kapoho Road. Given the
traffic signal of this Road with the Pahoa-Kalapana Road, it should not
have a significantly adverse impact to the traffic system in this area.
5. Non-Motorized Travel and Scenic Byways
The subject site is not part of any proposed non-motorized travel area,
such as a bikeway. There are also no known trails within the subject site.
Accordingly, the project would not be incongruous with this element.
The CDP also has a table (Table 5-1) that outlines general use and design
criteria. Relative to the Regional Town Center and the subject request:
a. The service area population is geared for 20,000 to 50,000 residents. The
Applicant's project is intended to supplement and complement the growing
office, medical, and retail uses in the area, especially on the south or
makai side of Pahoa Village. Thus, it should provide a regional service, as
do the existing and evolving retail and office uses in this area.
b. The subject area is 1.545 acres, which is less than 30+ acres. However,
as the subject area is proximate to commercially zoned areas, it would
help strengthen this regional commercial concept.
c. The new structure will follow the design guidelines of the CDP.
d. Access will be from the Pahoa-Kapoho Road. The access location and
driveway connection improvements will be in accordance with the
requirements of the County Department of Public Works.
22
In summary, the requested CV zone is consistent with the Regional Town
Center concept. Further, it is also consistent with the themes and
corresponding policies and objectives of the CDP.
E. Kilauea Recovery and Resilience Plan ("KRRP")
Due to the 2018 lava, the KRRP, which was released on December 4, 2020,
was developed to facilitate short and long term recovery of the affected area.
It has suggestions to help in the recovery of Puna, especially lower Puna.
While all the five (5) goals are applicable, one is most pertinent to this project,
especially since the site is situated along the south and/or makai side of
Pahoa Village, theareas that were most affected by the lava flow. This goal
seeks to "Develop the Island's Business and Entrepreneurial Ecosystem."
Relative to that goal, the KRRP notes that "Supporting small businesses and
encouraging entrepreneurship is an economic development strategy." It
suggests several "approaches" to achieve this goal. The approaches call for,
among others
• creating jobs closer to housing —thereby reducing commute time.
• creating higher paying and/or more sustaining jobs.
• empowering "individuals and businesses to seek opportunities,
innovate, grow, and create across the island."
• Having place-based development that "builds on existing community,
cultural, and natural assets of a town or region."
This project and its location would provide the opportunity to realize those
goals and suggested approaches.
F. County Zoning
The County zoning of the requested area is Single-family Residential (RS-10).
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.
G. Special Management Area
The subject site is not situated within the County Special Management Area
(SMA). However, as the entire island falls within the SMA, a general
discussion of this project's relationship with the SMA objectives follows.
1. Recreational Resources
The proposed improvements should not have any adverse impact to the
recreational resources of the area. The property is not coastal property,
and there are considerable intervening properties between the project site
23
.and the ocean. There is also no known access to the shoreline from this
site.
2. Historical and Cultural Resources
has been largely As the area of the proposed improvements g y cleared and
used as a parking area and/or vacant, the prospects of finding any
archaeological features on the subject site are remote.
However, should there be any inadvertent finds during the further
development of this project, work will immediately cease until clearance
from the County and/or SHPD is secured.
Relative to cultural resources, the site;of the requested area has been
cleared. The applicant also notes that there have been no reported
observation of any native Hawaiians gathering plants within or proximate
to the subject site. As such, it would appear very unlikely that the site
would serve such purpose today and/or in the recent past.
In sum, given the disturbed nature of the area of the proposed activity, it
can be reasonably concluded that this project would have no significant
adverse impact relating to native Hawaiian cultural and historical
resources and/or practices that cannot be otherwise mitigated.
3. Scenic and Open Space Resources
As noted earlier, the coastal view plane is not visible from the Highways in
the subject site. This is due in large part to the distance between the
subject site and the shoreline. As such, this project should not adversely
impact any scenic coastal resources.
4. Coastal Ecosystem
The proposed improvements should not generate any adverse impacts to
the area's coastal ecosystem. A drywell, if needed, may be installed to
address on-site drainage. Please note that during securing the required
Underground Injection Control (UIC) and NPDES permits, the project's
impacts to the groundwater and nearshore waters will be evaluated and
P
appropriate miti ative if needed, actions will be taken.
9
Further, the site is situated over six (6) miles from the shoreline, and any
direct interaction between the proposed use and the water should be
barely existent, if at all. Furthermore, the project's wastewater will be
disposed off in a State Department of Health approved manner.
24
5. Economic Uses
acts
' ct itself should have some significant indirect economic impacts,
The probe g p
due to the possible long-term jobs this project could potentially generate.
The short-term impacts relate to the construction jobs while the long-term
ones deal with the opportunities for commercial office, medical uses, retail
uses, and a transit hub.
6. Coastal Hazards
The site is designated "X" on the Flood Insurance Rate map. Being at
nearly the 800-foot elevation level, the site also falls outside of the Civil
Defense Tsunami Evacuation Zone.
As the site is not located adjacent to the shoreline and over six (6) 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
C. The proposed activities are consistent with the County General
Plan and County Zoning Code.
H. Other Permitting Considerations
Other construction-related permits will be required in the future. These would
be of the "ministerial" variety, such as Plan Approval, building permit, grading
permit, and the like.
25
VIII. IMPACT SIGNIFICANCE ANALYSIS
A. Relationship Between Local Short-Term Uses of Environment and
Maintenance and Enhancement of Long-Term Productivity
If the request were denied, the short-term use of the site would probably
continue to remain in its limited developed state that anticipated, until
recently, its use as a transportation hub.
From a long-term productivity standpoint, then, the proposed CV-20 zoning
would not have any significant impact on the environment or evolving mixture
of residential/commercial uses in the area.
C. Irreversible and Irretrievable Commitment of Resources
disturbed in the past, it is not likelythat its
As the site has been relatively
development would result in an irreversible commitment of natural or
archaeological resources.
Since the soil on the parcel has been classified "E" or very poor by the Land
Study Bureau, there is little potential for agricultural activity. The commercial
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 or clearing of the site. Again, if
needed, a monitoring program can be conducted during any land disturbance
activity.
D. Mitigative Measures
The Applicant does not believe that significant infrastructure improvements
are needed for this rezoning. During the construction phase, contractors will
be obligated to comply with appropriate State noise and air quality standards.
Should unanticipated archaeological finds be discovered in conjunction with
any further development of the subject area, work will stop (as is required by
the State and County) and clearance secured before work is resumed.
There are no drainage ways on the property. Any land disturbance activity,
all required grading or grubbing work will be done in conjunction with the
required permits. This is to assure that the land disturbance activity of the
subject area does not adversely affect the drainage of surrounding properties.
Finally, there will be no person or businesses to be dislocated by this project.
26
E. Alternatives to the Proposed Project
1. No Project
Under the status quo alternative, the subject area could continue in its
vacant state. The existing condition would preclude creating opportunities
for small businesses to operate in an area that services the immediate and
regional area.
Further, given the evolving commercial uses in this area, the retention of
this site in the RS-10 zoning may not be consistent with that evolving land
use pattern.
2. Alternative Density
Under this alternative, the applicant could seek a more intensive
residential rezoning, such as RS-7.5 or a RM zoning. Those zoning -
categories would arguably be just as consistent with the requested CV-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 provide the community and budding
entrepreneurs to engage in businesses that can help with the area's
recovery.
3. Evaluation of Alternatives
The project's impacts to the area's social and physical infrastructure would
not be significant. Mitigative measures, if needed, can and will be taken to
address any possible roadway impacts associated by the project. Further,
the project would be consistent with the land use objectives sought to be
accomplished by the County General Plan LUPAG map, the Puna
Community Development Plan, and Kilauea Recovery and Resilience
Plan.
In view of the aforementioned, none of the alternatives would be more
prudent and beneficial than the requested CV-20 alternative.
27
dr)
100 Pauahi Street,Suite 212-Hue.Hawaii 96720 •Planning•Varianci,i•Zoning
Telephone:(808)969-1522 Cell:(806)989-0640 SubdivisiQn•Land Use PL,r(IldS
Environir,tal Reports
E-mail:siclfuke @hayvaiianteimet
September 1: 2021
Zendo Kern, Director
Planning Department
COUNIY OF 1-,LAWAlf
101 Paualii Street, Suite 3
1:1ilo, 1-11 96720
Dear Mr. Kern:
SUBJECT: Suppionental information
1ezoin1ng ApplicatiO Agninaido 4,LAX
Kanialliku F1omesteadsPUfla., Hawaii,TAW: 1-5-003: 937
This is to_follbw up on my email correspondence with Mr. Christian Kay of your
staff regarding the subject matter. In response to Mr. Kay's request for additional
information, we provide the •following:
1. Regarding the existing Use Permit 13-43 affecting the subject property, the
applicant intends to have it revoked should the rezoning request be approved,
As such,we will be providing a separate letter to That effect. If so,the request
would be to have its effective date being the date of the effective date of the
hopeful approval of the rezoning ordinance, hi so doing,the Windward
Planning COmmission can hear and act on both requests at the same meeting.
2. There are three existing buildings on the property,consisting of approximately
1,250 square feet each. The site plan which accompanied the application
relleets the applicant's ultimate goa.l. Ft is somewhat ambitious and, to assess
impacts, it was decided to reflect the"best case scenario." As such,in the
beginning, it is"very likely that the project will amount to the conversion of
some if not all three-existing buildings„ particularly as those structures were
properly,permuted and constructed at some cost. A site plan reflecting those
structures depicting access and parking is now being prepared and will be
provided within the next week.
in that regard,the project could be considered a two-phased one, with the
initial one being the'interim"use of the existing structures; and the second
one, beina the removal-of those structures and constructiOn of the project as
depicted in the application.
4. As the project is notthe interim use of the structures, the anticipated uses of
the-build-OW prOiea follow with t,he appropriate iptoiected vehieula
•
Nanning Dept • • . • •
Exhibit 3 .
Mr. Zendo Kern. Director
September 1, 2021
Page 2
movements. As noted b your staff, the ITE Trip Generation Manual, General
Office Uses generate 1.55 AM Peak hour trips, Medical/Dental Offices
generate 4,45 PM peak hour trips. Based on this and discussions with the
• applicant, the following updated trip calculation was established:
Overall Building Gross'Floor,area: 13,520 Square feet (70%
office/medical opice and 30% retail per rezoning application)
3,500 square feet of retail space= 14 peak hour trips (iLP.4.00 trips
per 1,000 sf
4,000 square feet of medical = 18 peak hour trips @ 4.45 trips per
1,000 sf
4, 6,000 square feet of general office= 10 peak hour trips P.., 1.55
trips per 1,000 sf
TOTAL -42 peak hour trips
5. On the matter of the "Transit Hub", because this site was once considered as a
transit hub, a use allowed within the requested zone this possibility was so
noted in the application. However, as the County has since moved on from
this sitetbis option is no longer realistic. Should the site be rezoned and if
the County Wishes to:pursue this site as a'transit hub,the applicant will defer
to the County to secure the appropriate approvals. For the purpose of this
application,•however,the applicant is not representing its use as a transit hub
•arid instead the commercial office/medical/retail complex described above.
6. Please find attached the K-2 survey of the property,which we trust is
sufficient for your purposes.
Again;we will provide you with a site plan reflecting the interim use of the
existing structures shortly. Because that would be only-rotthe interift and not haul use.of
the property„we hope that the application can be accepted sans that site plan. However, if
you need.it prior to officially accepting the application,the applicant would have no
objections to w?dying:the 10-day maximum application review period.
Tliank yoU very mnehl.
Sincerely.
SIDNEY 1\,/ FU
Planning Consultant
•EncloSure .
ropy Gilbert AMinalcla via email
p, 0, Box t 4`v'G;.
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.Aer SidneyFuke, Planning Consultant
100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 •Planning•Variance•Zoning
ai7
Telephone:(808)969-1522 Cell:(808).989-0640 ••Subdivision•Land Use Permits
E-mail:sidfuke@hawaiiantel:net •>=nvironmental Reports
September 3,2021
Mr. Zendo Kern,Director -
Planning Department
COUNTY OF HAWAII
101 Pauahi Street, Suite 3
Hilo,HI 96720
Dear Mr. Kern:
SUBJECT: Supplemental Information
Rezoning Application—Aguinaldo 4,LLC
Kaniahiku Homesteads,Puna,.Hawaii,TMK: 1-5-003.: 037
Pursuant to my letter of September 1 regarding the subject matter,please find
attached a site plan reflecting the use of the existing structures as an interim or short-term
use. The idea is to enable the applicant some measure of flexibility in having immediate
commercialtype of uses while financing and related aspects of the long-term project are
being developed.. .
Each of these structures consist of no more than 900 square feet each for a
maximum combined area of 2,700 square feet. While no more than ten stalls are required,
the plan reflects 24 standard and two handicapped stalls. Proposed access, as is today,
would be from the Pahoa-Kapoho Road.
We trust that with this submittal,you can deem the application complete. If not
or if there questions on this matter,please feel free to contact me or Mr. Daryn Arai, Planning
Consultant,who is also assisting on this matter. Thank you very much!
Sincerely,
\r\M'AWV-\)
SIDNEY M. FUKE
Planning Consultant --
Enclosure
Copy—Mr. Gilbert Aguinaldo via email
Mr. Daryn Arai via email
Planning Dept.,
Exhibit
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Mori, Ashley
From: Kay, Christian
Sent: Thursday, December 9, 2021 10:41 AM
To: Mori,Ashley.
Subject: FW:Aguinaldo 4 REZ questions
Attachments: image.png;Aguinaldo Pathway.pdf
Hi Ash,will you please intake the email and attachments from Daryn for the Aguinaldo 4 REZ?
Thanks,
Christian
Christian Kay, Planner
County of Hawaii Planning Department
Aupuni Center, 101 Pauahi Street,Suite No. 3
Hilo, Hawaii 96720
Phone: (808) 961-8136
Fax: (808) 961-8742
Email: christian.kay@hawaiicounty.gov
COUNTY OF HAWA11
A:ith -tr ic ''rocessina d
Ti;
I� 'r� E •�. r`V�4�1tl 6 Imo'N'9.b5
The County of Hawaii is launching its neer Electronic Processing & Information Center (EPIC)
permit system on July 26'2021. Only. elecronica es_licationa will be accepted after that date. For
more information go tohttps:// .dpw.hawaiicountv.gov/divisions/building/plans-permits-and-
inspections-system.
From: Daryn Arai<Daryn.Arai@outlook.com>
Sent:Thursday, December 9, 2021 9:47 AM
To: Kay, Christian<Christian.Kay@hawaiicounty.gov>
Cc:Jackson, Maija<Maija.Jackson@hawaiicounty.gov>;Gilbert Aguinaldo<pacificrimconstructionllc@gmail.com>;
Sidney Fuke<sidfuke@hawaiiantel.net>
Subject: Fw:Aguinaldo 4 REZ questions
Aloha Christian,
As requested, building permits associated with existing structures on the property are as follows:
• BH2019-00241 (final inspection with CO issued)
• BH2019-00240(final inspection with CO issued)
• BH2019-00238 (final inspected with CO issued)
1
Planning Dept.
• BH2O19-00237 (open permit and not constructed)
• BH2O19-00239 (final inspection with CO issued)
County Engineering Division permits issued and completed with final inspection by County:
• Grading permit No. 6113
• Right Of Way Permit No. 24953
I am also attaching to this email a modified version of the interim site plan submitted earlier, which depicts
the location of the proposed 8-foot pedestrian easement. This area must be paved with an all-weather
surface anyway due to loading and vehicular movements, so the thought was that it would make more sense
to just use this paved area rather than constructing new sidewalk improvements along the entire 132 frontage
of the property since this is the only property at this 4-corner intersection that does not have guardrails. It
takes people off of the street shoulder making for safer passage.
As a commercial property, the public has a right to traverse the property during normal business hours, so no
easement is necessary. Sort of like people walking through the Prince Kuhio parking lot during business
hours. No perimeter fencing or wall is anticipated at this time that would restrict public access through the
property, but loitering will be prohibited during non-business hours. As the only commercial activity proposed
on this side of Highway 130 or 132, at close of business, any associated pedestrian movements simultaneously
goes away. Therefore, in lieu of an easement,the Applicant would be receptive to a condition that provides
public access along alignment as shown during normal business hours, which would then be enforceable.
Note that there are no existing sidewalks fronting any property in the vicinity of this project
site. Furthermore, utility hardware are located along the frontage of this property(power poles,telephone,
street light, traffic signals), possibly complicating the construction of sidewalk and drainage improvements
within the right-of-way, as shown below, since any sidewalks must be extended to the intersecting crosswalks
across Highways 130 and 132, wherethe gentleman below is crossing.
Hope that you find the Applicant's proposed solution a reasonable one given the existing circumstances as
described above. Should you require more information, please let me know.
Thanks!
Daryn
Daryn Arai
Mobile: (8108) 895-3218
From:Sidney Fuke<sidfuke@hawaiiantel.net>
Sent:Tuesday, December 7, 2021 4:44 PM
To: 'Daryn Arai'<Daryn.Arai@outlook.com>
Cc: 'Kay, Christian'<Christian.Kay@hawaiicounty.gov>
Subject: FW:Aguinaldo 4 REZ questions
•
Hi Daryn...can you please follow up on these questions? Greatly appreciated!
Sid
2
•
From: Kay,Christian<Christian.Kay@hawaiicounty.gov>
Sent:Tuesday, December 7, 2021 4:37 PM
To:Sidney Fuke<sidfuke@hawaiiantel.net>
Cc:Jackson, Maija<Maija.Jackson@hawaiicounty.gov>
Subject:Aguinaldo 4 REZ questions
Aloha Sid,
As we are in the process of drafting the reports for the subject rezone,will you please provide me with Building Permit
information for the three structures on the subject property(at least BP numbers for them)?
Also, pursuant to the offer to develop an 8-foot-wide pedestrian path through the property in lieu of CGS,will you
please address the following:
1. Where on the property is this being proposed?
2. Will it tie in with existing pedestrian facilities(e.g., crosswalk, sidewalks, etc.)?
3. Is the applicant going to provide a pedestrian access easement to allow the public to traverse this private
property? If so under what conditions(e.g., all hours access, etc.)?
Please let me know if you have any questions.
Mahalo,
Christian
Christian Kay, Planner
County of Hawaii Planning Department
Aupuni Center, 101 Pauahi Street, Suite No. 3
Hilo, Hawaii 95720
Phone: (808) 961-8136
Fax: (808) 961-8742
Email:.christian.kay@hawaiicounty.gov
The County of Hawaii is launching its new Electronic }-recessing & I.Fformation Center (EPIC)
permit system on July 26.2021 Only ,ie:i•ro nic an- jications will be accepted after that date; For
more information go to https:l/ .dpw.bawaiicounty.gov/divisions/building/plans-permits-afd-
ections-S stem.
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County of HawaN
WINDWARD PLANNING COMMISSION
Aupuni Center 101 Pauahi Street.Suite 3 • Ififo,Ethwail 96720
Phone(S08)961-8288 o Fax(808)96!-S742
Mr. Gilbert Aguinaldo
Aguinaldo 4, LLC
P.O. Box 1925
Palma,HI 96778
Dear Mr. Aguinaldo:
Use Permit Application (USE 13-000043)
Applicant: Aguinaldo 4,LLC
Request: To Allow the Construction of a 13,520 Square Foot Medical Facility on
1.545 Acres of Land Situated Within the County's Single Family Residential
(RS-10) Zoning District
1-5203:037
The Windward Planning Commission, at its duly held public hearing on November 7,2013,
voted to approve the above-referenced request to allow the construction of a 13,5.20 square foot
medical facility and related improvements on approximately 1.545 acres of land situated within
the County's Single-Famh Residential (RS-10)zoning district. The subject property is located
on the southeast corner of the ntersection of Pahoa-Kalapana Road (Highway 130)and Pahoa-
Kapoho Road(Highway 132),across from PAhoa High School at Kaniahiku Homesteads,Puna,
Hawai4i.
Approval of this request is based on the following:
The applicant is requesting a Use Permit to allow the construction of=
approximately 13,520 square foot medical facility that ‘vill provide geriatric servicesTan
X-ray laboratory, pediatrics, general practice'medicine,dentistry, optometry and physical
therapy through the services of rotating specialists on 1.545 acres of land situated within
the County's Single-Family Residential (RS-10) zoning district.
There will be one(1) 13,520 square foot building to be constructed on the subject
property to accommodate the medical facility. According to the applicant, there will be
/*mai 7.Counly is an Equal Opportunity Provider and Employer
PUionning Dept-.
Exhibit 5
Mr. Gilbert Aguinaldo
Aguinaldo 4, LLC
Page 2
seven (7)'oftices,which will be 1,820 square feet each,with rotating specialists sharing
space with a Physical Therapy office. The X-ray office will have a waiting room; patient
check-in area, a doctor's office, dressing rooms, two (2) exam rooms, the X-ray room and
a unisex restroom. The other six (6) offices will have a waiting room, patient check-in
area,a doctor's office, four(4) exam rooms, a break room, a unisex restroom and a
storage room. The applicant is proposing a total of forty six (46)paved parking spaces on
site.
The proposed use would provide residents of Puna with an alternative to traveling
to Rio for similar medical services, With Puna being the fastest growing district on this
island, there is a critical need for enhanced and convenient medical services for the
residents of this district.
Previously, the applicant submitted a request for a change of zone from
Single-Family Residential (RS-10)to Village Commercial (CV-20) for a proposed
development of a dual purpose medical facility with a kidney dialysis treatment center
and geriatric clinic on the subject property but withdrew the request and submitted this
Use Permit request.
Rule. 7 (Use Permits), Section 7-6, of the.1 Planning Commission's Rules of
Practice and Procedure states that the Planning Commission may approve a Use Permit
upon finding that:
a) The granting of the proposed use shall be consistent with the general
purpose of the zoning district,the intent and purpose of the Zoning Code,
and the County General Plan;
b) The granting of the proposed use shall not be materially detrimental to the
public welfare nor cause substantial adverse impact to the community's
character or to surrounding properties; and
The granting of the proposed use shall not unreasonably burden public
agencies to provide roads and streets,, sewer, water,drainage, schools,
police and fire protection and other related infrastructure.
The proposed use is consistent with the general purpose of-the zoning
district, the intent and purpose of the Zoning Code, and the County General Plan,
The intent and purpose of the Zoning Code is to promote health, safety, morals or the
general welfare of the community through regulations and restrictions relative to the
location and use of buildings, off-street parking, the percentage of a lot that may be
occupied, and the density of population and land for trade, industry,residence or other
purposes The Zoning Code requires the issuance of a Use Permit for hospitals,
convalescent,nursing and ret homes, and other similar uses devoted to the care or
Mr. Gilbert Aguinaldo
Aguinaldo 4, LLC
Page 3
treatment of the aged, the sick, or the infirm in the Single-Family Residential (RS) zoning
district, Thus, a Use Permit is required to allow the establishment of the proposed
medical clinic. Use Permits provide an opportunity to assess proposed uses in zoning
districts that require special attention to insure that the uses will not unduly burden public
agencies to provide public services or cause substantial adverse impacts upon the
surrounding community.
The proposed use is consistent with the General Plan Land Use Pattern Allocation
Guide(LUPAG) Map designations for the property, which is Medium Density Urban,
The Medium Density Urban designation allows single-family and multiple-family
residential and related functions (overall residential density may be up to 35 units per
acre), and village and neighborhood commercial uses. The proposed medical clinic will
increase medical services to the Hilo area,which will directly support a goal of the
General Plan to encourage the establishment or expansion of community health centers
and rural health clinics.
The proposed request is consistent with the Puna Community Development
Plan. The subject property is located within the preliminary boundaries of the Palm
Regional Town Center, The Puna Community Development Plan (PCDP) states that
commercial development that serves regional uses should be limited to the"regional town
center"boundaries. Commercial.development that serves community village or
neighborhood village uses may be located adjacent to a regional town center. As the
proposed request will be providing regional uses and is located within the preliminary
boundaries of the Pahoa. Regional Town Center, we find the request consistent with the
Puna Community Development Plan.
The proposed use will not be materially detrimental to the public welfare nor
cause substantial adverse impact to the community's character or to surrounding
properties. The property is located on the southeast corner at the intersection of
Highway 130 and Highway 132, The property is currently vacant of uses and structures.
The surrounding lands are zoned A-la and A-5a on the east side of Highway 130 and
RS-10, A-I a CV-10 and CV-20 on the west side of Highway 130. The east side of the
highway consists mainly ofresidential dwellings, agricultural uses and vacant land.
There is a church on the across Highway 132 near the subject property. Tangerine Acres
Subdivision is just east of the sdbject property. The-west side of the highway is the part
of Pdhoi Village and includes the Pahoa High School Complex,'Pahoa Sacred Heart
Church and preschool, and several commercially zoned properties.
The construction of the medical clinic, driveway and parking lot improvements
will create temporary construction impacts such as an increase in noise, dust and truck
ti afto‘ These impacts will be temporary in ilature and minor in scope and therefore are
not anticipated to have a substantial adverse impact on the surrounding properties,
Mr. Gilbert Aguinaldo
Aguinaldo 4 LLC
Page 4
particularly since some surrounding properties are already developed with commercial
and community uses that serves a regional population.
Landscaping should be installed to visually screen the clinic from surrounding
properties and adjacent roadways to reduce the noise and visual impacts associated with
the development. With implementation of a condition of approval related to landscaping,
the proposed use is not likely to have a substantial adverse impact to the community's
character or to surrounding properties and will not be detrimental to the public welfare.
The proposed use will not unreasonably burden public agencies to provide
roads and streets, sewers,water,drainage, schools,police and fire protection and
other related infrastructure. Access to the property is from Pahoa-Kapoho Road
(Highway 132),which is a County-owned and maintained roadway with a pavement
width of approximately 22 feet within a 60-foot wide right-of-way. There is a 6-foot
paved shoulder along the property boundary as well. Parking for the project will be
provided on-site. A Traffic Assessment (TA) was completed for the project, which
concluded that the project should have little to no impact of traffic flow on Highway 132.
Comments have been received from the State Department of Transportation (DOT) and
from the County Department of Public Works(DPW). The DOT requested that.Traffic
Assessment should be revised and submitted for review and acceptance prior to the
issuance of bUilding permits for the clinic. Additionally:..DOT requested that should the
Clinic change its hours of operation or provide workshops or other activities that generate
significantly greater traffic on Route 130, a revised TA that describes the impacts and
recommends any needed mitigation should be stibmitted, Conditions of approval will be
added reflecting DOT's requests.
The facility is located near Pdhoa Village. To improve pedestrian access to the
proposed medical facility, the Planning Department is recommending that the applicant
provide improvements to the property's Paloa-Kapoho Road (Highway 132) frontage
consisting of,but not limited to,pavement widening with concrete curb, gutter., and
sidewalk,drainage improvements, and any required utility relocation, meeting with the
American with Disabilities Act and the approval of the Department of Public Works.
- Additionally, the Planning Department is restricting access from the Pahoa-Kalapana
Road(Highway 130) as represented within the application.
County water is available to the property from an existing 8-inch waterline within
the Pdhoa-Kapoho Road fronting the subject parcel, or an existing 12-inch waterline
within the Pahoa-Kalapana Road via a 5/8-inch meter limited to 400 gallons per day.
Should additional water be required for the proposed use, the applicant will need to install
an additional or larger water meter.
Mr. Gilbert Aguinaldo
Aguinaldo 4, LLC
Page 5
The applicant will install an approved sewage disposal system designed by an
engineer, conforming to the State of Ilawai!i,Department of Health requirements. All
other essential utilities and services are available to the site. Thus, the proposed use will
not unreasonably burden public agencies to provide infrastructure.
The project has no severe geological or topogaphical problem which cannot be
properly rectified or which would render the land unusable. The property is situated in
Flood Zone"X",which is an area determined by FEMA to be outside of the 500-year
flood plain. There are no municipal waste collection services in the County. All solid
waste generated by the development will require private disposal at the Hilo landfill.
Electric and telephone services are available to the property. Police, fire and medical
services are available nearby in Pahoa.
Based on the above, the establishment and operation of a medical clinic and accessory uses on
1.545 acres of land situated within the Single-Family Residential (RS-10) zoning district is
compatible with the existing land uses and the physical and social environment of the area, and
promotes the effectiveness and objectives of the Zoning Code and General Plan. Approval of the
request is subject to the following conditions,
1, The applicant,its successor or assigns shall be responsible for complying with all
stated conditions of approval.
2. The applicant shall submit estimated maximum daily water usage calculations,
prepared by a professional engineer licensed in the State of Hawaii,for review
and approval within one hundred arid eighty(18:0)days from the effective date of
this permit. The water usage calculations should include the estimated peak flow
in gallons per minute and the total estimated maximum daily water usage in
gallons per day, ineluding all irrigation use, -Upon review and approval of the
calculations by DWS,'the applicant shall sUbmit a water commitment deposit in
accordance with the "Water Commitment Guidelines Policy,"facilities charges,
and other improvements required by DWS which may include,but not be limited
to, upgrading the existing water meter or installing an additional water meter. The
applicant shall also provide any improvements required by the Fire Department to
meet the fire protection needs of the medical clinic—This condition shall be
implemented prior to the issuance of a Certificate of Occupancy for the medical
3. The applicant shall install a reduced pressure type backflow prevention assembly
by a licensed contractor, 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 the larger Or additional meter. The installation of the backflow
Mr. Gilbert Aguinaldo
Aguinaldo 4, LLC
Page 6
prevention assembly(s) must be inspected and approved by the Department of
Water Supply before the commencement of water service.
4. Construction of the medical clinic shall be coinpleted within five(5) years from
the effective date of this permit. Prior to commencing construction, the applicant,
successor(s)or assign(s) shall secure Final Plan Approval for the proposed
development from the Planning Director in accordance with Section 25-2-70,
Chapter 25 (Zoning Code), Hawal'i County Code. Plans shall identify all
• proposed structure(s),paved driveway access and paved 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)bufferyard requirements for the Village
Commercial (CV)zone adjoining a Single-Family Residential (RS) zone.
5. Site layout and building design of the proposed development shall adhere to any
design guidelines established for Pahoa Village that are in effect when plans are
submitted for Final Plan Approval.
6. Access to the subject property shall be limited to fralhoa-Ka.poho Road
(Highway 132) and conform to the requirements of Chapter 22,County Streets,of
the Hawai'i County Code. Access to the subject property shall be prohibited from
the Kihoa-Kalaparia Road(Highway 130), Streetlights and traffic control devices
at the project's driveway along Highway 132, as may be required by the Traffic
Division,Department of Public Works, shall be installed by the applicant at no
cost to the County,prior to the issuance of certificate of occupancy for any portion
of the project.
7„ Th.e applicant shall provide improvements to the subject property's entire Palioa-
Kapaho Road(Highway 132) frontage consisting of,but not limited to,pavement
widening with concrete curb, gutter and sidewalk, drainage improvements, and
any required utility relocation meeting with the approval of the Department of
Public Works(DPW) and constructed to DPW R-32 Standard Detail, prior to the
receipt of Certificate of Occupancy for any portion of the project.
8. The applicant shall submit a revised Traffic Assessment to the Department of
Transportation(DOT)prior to the issuance of building permits for the clinic, If
DOT requires improvements based on findings by the Traffic Assessment
approval,the applicant shall plan, design,and construct the improvements prior to
County approval of a certificate of occupancy for the clinic.
Mr. Gilbert Aguinaldo
Aguinaldo 4, LLC
Page 7
9_ Should the clinic change its hours of operation from that represented within its
Use Permit application or provide workshops or other activities that generate
significantly greater traffic than anticipated by the traffic assessment dated
March 2013,a revised Traffic Assessment shall be immediately prepared when
required by the Planning Department and submitted to the DOT that describes the
impacts and recommends any necessary mitigation improvements.
10. All earthwork,activity, including grading and grubbing, shall conform to
Chapter 10, Erosion and Sedimentation Control,of the Hawai‘i County Code,
11. All development-generated runoff shall be disposed of on-site and shall not be
directed toward any adjacent properties.
12, Prior to receipt of a Certificate of Occupancy, an individual wastewater system
shall be installed meeting,with the requirements of the Department of Health.
13. A Solid Waste Management Plan shall be submitted to the Depat hnent of
Environmental Management for review and approval prior to the issuance of Final
Plan Approval.
14. Should any unidentified sites or remains such as artifacts, shell,bone,or charcoal
deposits, human burials,rock or coral alignments, paving,or walks be
encountered,work in the immediate area shall cease and the Department of Land
and Natural'Resources-Historic Preservation Division (DL,NR-HPD)shall be
immediately notified. Subsequent work shall proceed upon an archaeological
clearance from the.D1_,NR-1-1PD that sufficient mitigative measures have been
taken.
15. The applicant shall comply with all applicable County, State and Federal laws,
rules,regulations and requirements.
16, An initial extension of time for the performance of conditions within the permit
may be granted by the Planning Director upon the following circumstances:
A. 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,
B. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
Mr. Gilbert Aguinaldo
Aguinaldo 4, LLC
Page 8
C. Granting of the time extension would not be contrary to the original
reasons for the granting of the permit.
D. The time extension granted 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).
Should any of the conditions not be met or stibstantially complied with in a timely
fashion, the Planning Director may initiate therevocation of the Use Permit.
This approval does not, however, sanction the specific plans submitted with the application as
they may be subject to change given specific code and regulatory requirements of the affected
agencies.
Should you have any questions,please contact Daryn Arai of the Planning Department at
961-8288.
Sincerely,
Wallace A. Jshibashi,Chairman
Windward Planning Commission
Lapin sidousel 3-043 wpc
cc: All Aim Services
Department of Public Works
Department of Water Supply
County Real Property Tax Division
DOT-Highways,Hop/o.
Mr. Gilbert Bailad9I
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
H I LO, HAWAII
DATE: September 21, 2021
Neffieftgadailt
TO: Zendo Kern Planning Director
FROM: Department of Public Works, Engineering Division
SUBJECT: CHANGE OF ZONE APPLICATION (PL-REZ-2021-000008)
Request: RS-10 to CV-20
Applicant: Aguinaldo 4, LLC
TM K: 1-5-003:037
We have reviewed the subject application forwarded by your memo dated September 20,
2021, and offer the following comments for your consideration:
1. All earthwork activities including grading, grubbing, and stockpiling shall conform
to Chapter 10, Erosion and Sedimentary Control, of the Hawaii County Code.
2. All driveway connections and construction within the Puna Kapoho Road Right-of-
Way shall conform to Chapter 22, County Streets, of the Hawaii County Code.
3. Access to Puna Kapoho Road, including the provision of adequate sight distances,
shall meet with the approval of the Department of Public Works.
4. Based on the proposed zoning, we recommend that the applicant provide
improvements to subject property's Puna Kapoho Road frontage consisting of, but
not limited to, pavement widening with concrete curb, gutter and sidewalk,
drainage improvements, signs and markings, streetlights, and any relocation of
utilities, meeting-the requirements of the Americans with Disabilities-Act and the
approval of the Department of Public Works. Any future road widening setbacks
as established by the Planning Department should be taken into consideration for
the location of the improvements.
5. 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.
Planning Dept.
County of Hawaii is an Equal Opportunity Provider and Employer
Exhibit,
6. All development-generated runoff shall be disposed of on site and not directed
toward any adjacent properties. A drainage study shall be prepared by a licensed
civil engineer and submitted to the Department of Public Works prior to the
issuance of a construction permit. Any recommended drainage improvements, if
required, shall be constructed meeting with the approval of the Department of
Public Works prior to the construction of any proposed structures on the property.
7. 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.
Questions may be referred to Bryce Harada at 961-8042.
County of Hawaii is an Equal Opportunity Provider and Employer
10111.10,,iieRrro
0*g,-,V-,t,44•A>Iz•4:;zittP4gzdge-Ai
,7,44'‘Ave,
Dr-PARTMENT OF WATER SUPPLY COUNTY OF HAWAPI
,s104,-
345 KEKUANAO'A STREET, SUITE 20 HILO, HAWAII 96720
' ...............................
41.441- TELEPHONE (808) 961-8050 • FAX (808)961-8657
N:4S. jg
( 01)er 20. 202 l
TO: Mr. /endo Kern. Director .11-)ND DEI lk,VFIRF 7!
Planning Department
FROM; Keith K. Okamoto, Manager-Chief Engineer
SUB3ECT: Change of Zone Application (PL-REZ-2021-000008)
Applicant—Aguinaltlo 4, 1.1C •
Request: RS-10 to CV-20
Tax Map Key 1-5-003:037
We have reviewed the subject application and have the following comments and conditions.
Water is available from an existing 8-inch waterline within PiThoa-Kapolio Road fronting the subject parcel or an
existing I 2-inch waterline within Palloa-Kalapana Road. The.re are two(2)existing services to the parcel,each
capable of accommodating a 5/8-inch meter,which is limited to an average daily Osage o1400 gallons.
the Department has no objection to the proposed Change of Zone Application,subject to the applicant
understanding and accepting the following conditions:
I. The Department requests that the applicant submit estimated maximum daily water usage calculations,
prepared by a professional engineer licensed in the State of Hawai'I. for revie‘v and approval, The water
usage calculations should include the estimated peak flow in gallons per minute(GPM),and the total
estimated maximum daily water usage in gallons per day, including all irrigation use.
Based on the water usage calculations provided above, if the existing 1-inch service lateral cannot
accommodate the estimated demand,a Lnget or additional meter will need to be installed and remittance of
the prevailing facilities charge, which is subject to change, ‘vill be required:
2. The proposed zonine,will require the installation of a reduced pressure type backflow prevention assembly
by a licens.ed contractor, within five (5) feet of the mow on private property. If a larger or additional meter
is required, a backflow prevention assembly vill also be required for that meter. The installation of the
backflow prevention assembly(s) must be inspected and approved b the Department befor•e water
commencement of water service.
3. The existing 12-inch waterline withio Piihoa-Kalapana Road is adequate to provide 2,000 ( PM of flow for
the protection, as required per our Water System Standards for the proposed type of land ise. The existing
8-inch waterline fronting the parcel is inadequate. The applicant should contact the File Department to
determine any other fire protection requirements.
Pnnihg Dept..
Water; '04r 514bSt cPrecious woilitee Ra Pi Xatte
Exhibit 7
Tba DePatiment tirWat*Sapply is an Equal-Opportunity•Proi/idag-and ernooyer.•
•
•
•
\l r. Zerti.:k:.) kern. i)irector
Page 2
(,)cloher '10. 7'02[
-1, Suhect to other agencie,:: requircatent. tu construct anprox cl1i(„nis ulna the road right-or.\vay 1rotuntE,,„ tJ
he
propert:\ ntcdI,-)y the prwosed de\-,:kiptricrit_ the ippIican shah be rc,;pow,ible fOr the rok-tcatitin and
adjustment ot.the Departments aliccied he necesary.
Should there be ail -• questions. pleasc contact Mr. RuiQuitorinno orottr Water Resources and Nanning Branch
9614,:070. e\tension 256.
Sincerely yours, ,
•
714100
1,41/V•
Keith K. Okamoto, P.E.
Manager-Chief Engineer
RQ:dfg,
•
copy -••• Aguinaido 4, [IC
Mr. Sidney Fukes Planning Consultant
•
•
•
•
•
. .
•
. . •
• •
•
•
Mitchell 0.RothRarnzi I.Mansour
.77
Mayor „tis -. ,
: Director
Lee E.Lord Brenda 0, lokepa-Moses
Managing Director Deputy Director
County of Hawaii
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekijanao'a Street,Suite 41 -Hilo, Hawai`i 96720
Ph:(808)961-8083 • Fax: (808)961-8086
Email: cohdem@hawalicounty.gov
MEMORANDUM Fp 23 2
REC'D AND DEL NED)
TO: Zendo Kern., Director
Planning Department
'
FROM: Ram7i I nsour, Dir4tor
Department of Environmehtlil Management \\
DATE: September 23, 202
SUBJECT: Change of Zone Application (PL-REZ 2021-008)
Request: Single„Family Residential-10,000 Square Feet(RS-l 0)
to Village Commercial District —20,000 Square Feet (CV-20)
Applicant: Aguinaldo 4, LLC
Tax Map Key: (3) 1-5-003:037
The Solid Waste Division has reviewed the,subject application and offers the following
comments and/or recommendations (contact the Solid Waste Division for details):
) No cornments.
,( X) Commercial operations, State and Federal agencies, religious entities and 'non-profit
organization may not use transfer stations'for disposal.
) Aggregates and any other constructionklemolition waste should be responsibly reused to
its fullest ektent.
) Ample and equal room should be provided for rubbish and recycling.
( ) Green waste may be transported to the green waste sites located at the West Hlawai'i
Organics Facility and East Hawaii Organics Facility, or other suitable diversion
programs.
( 'I Construction and demolition waste is prohibited at all County Transfer Stations.
( ) Submit Solid Waste Management Plan in accordance with attached guidelines.
(
') Existing Solid Waste Management Plan is to be Followed. Provide update to the
department on current status.
( ) Other:
Piarming DOptCounty of Hawaii is an Equal Opportunity Provider and Employer
EXhibit
Ramzi I. Mansour, Director
September 23, 2021
Page 2
The Wastewater Division has reviewed the subject application and offers the followin+`:
comments andtor recommendations (contact the Wastewater Division for details):
) No coin mlent:s.
(
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
1-26.1, of the Hawaii County Code. Complete Sewer Extension Application.
l Require extension of the sewer system to service the proposed subdivision in ttcc.°ordrnice
with Section 23-85 of the Hawaii County Code.
) check`k c r line oirt.as applicable7: .[ ] fl`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 ;ev ei-system, Applicant shall provide such sewer line
or other facility improvements as the Director of DEM may reasonably require, which the
seer-study may indicate are advisable for mitigation of i x pacts of the proposed protect.
Contact Wastewater Division Chief for details.
Proposed activity may be subject to existing or:future federal, state, or county r=egulation
under Title 40 CFR 4015, prohibiting discharge of certain pollutants into publicly owned
treatment wor=ks. Contact the Hawaii Department of Health for information regarding
pretreatment standards.
( X) Applicant shall follow Department of Health regulations.
i. ) Other:
.R I:pie.
Nlik-twli D. Roth hod 1,LI- 1-t-eira
1 t,Fro, ,
, eS1
1,1
K (Ii Rug:R10
County of Hawai
poLicE DEPARTMENT
upc,bni HI,
•
COH PLANNMG
September 29, 2021 '..2"-;Ef)30 70.21: 1H10:20
RECD HAND DELIVERED
TO : ZENDO KEps) PLANNING DIRECTOR
° .
FROM. JA." --S .sacarc:1qm, ASSISTANT POLICE CHIEF
N.EA OFkERATIONS BUREAU
SUBJECT: CHANGE OF ZONE APPLICATION (PL-REZ 2021-000008); REQUEST:
SINGLE-FAMILY RESIDENTIAL 10,000 SQUARE FEET (RS-10) TO
VILLAGE COMMERCIAL DISTRICT — 20,000 SQUARE FEET (CV-20)
APPLICANT: AGUINALDO 4, LLC; TAX MAP KEY: 1-5-003:037
Staff, upon reviewing the -provided documents, does not anticipate any significant
impact to traffic and/or public safety concerns.
Thank you for allowing us the opportunity to comment.
If you have any questions, please contact Captain Scott Amaral, Puna Patrol, at 965-
- 2716 or via email atscott,amaralghawaiicounty.gov.
Skili/21 H00972
Plannino Dept 7Ha\vai'ieowyty i! Opporttutity Provider,ilmj.k top toy0-7
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Mitchell D. Roth
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Lee E. Lord Eric H. Moller
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HAWAN FIRE DEPARTMENT
25 kupuni'weer•Suite 2501•Hilo,HaNNai`i 96720
ON 932-2900 e hi\(808)932.2928
October 21, 2021
Mr. Zendo Kern, Director
County of Hawai'i
Planning Department
101 Paualli Street, Suite 3
Hilo, Hawaii 96720
Dear Mr. Kern,
SUBJECT: Change of Zone Application (PL-REZ 2021-000008)
Request for Corr —Single-Family Residential-10,000 Square Feet
(RS-10) to Village Commercial District-20,000 Square Feet (CV-20)
Applicant: Aguinaldo 4,LUC
Lt2LMapIStaijjzLQ2LLQ2
in regards to the above-referenced subject, the following shall be in accordance:
NEPA 1, UNIFORM FIRE CODE, 2006 EDITION
Note: Wawa/'I Stale Fire Code, National Fire Protection Association 2006 version, with Conniv
of Halvai'i amendments. County amendments are identified with a preceding "-C.---" qf 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 tire apparatus is unduly difficult, or
areas Where there is an inadequate fire-flow, or inadequate fire hydrant spacing, and the ,AH.1
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.
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Planning Dept,:
Exhibit . ka „,ri r,,,,,,ty i,f.,,,,E,,,4ii Opportunity Prouder and Employer.
Mr. Zendo Kern, Director
October 21, 2021
Page 2
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 constructio.n.
1.8.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrantsystems shall be
submitted to the fire department for review and approval prior to construction.
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 of 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.
1.8.2.1 Fire department access and fire department access roads shall be provided and maintained
in accordancewith Section 18.2.
18.2.2* Access to Structures or Areas.
18.2.2.1 Access Box(es). The AID 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 .A1-1,1- 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 NW when the access is
modified in a manner that could-prevent lire 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.
Mr. Zendo Kern, Director
October 21, 2021
Page 3
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.
slieds, agricultural buildings, and detached buildings or structures 400ft2 (37 ni ) or less are
present, the requirements of 18.2.3.1 through 18.13.2,1 shall be permitted to be modified by the
18.2.3.1.4 When fire department access roads'cannot be installed due to location on property,
topography, waterways, nonnegotiable grades, or other similar conditions, the 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 NF.PA 13,NFPA 13D, or NFPA I3R, the distance in
18.2.3.2.1 shall be permitted to be increased to 3.00 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 iii) from fire department access roads as measured by art approved route around the exterior
of the building or facility:
18.2.3.2.2.1 When buildings ate protected throughout with an approved automatic sprinkler
system that is installed in accordance with NFPA 13, NEPA I3D, or NFPA 113R, the distance in
18.2.3.2.2 shall be permitted to be increased to 4.50 ft(137 in).
18.2.3.3 Niultiple Access Roads. More than one fire department access road shall be provided
when it is determined by the A1-1.I 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 fbr one and two family
dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than
Mr, Zendo Kern, Director
tober
( c cdi1
2lel. 20't2h FDA R exceeds 250 feet.
Pa4e 4
20 feet wide within 150 feet of the structure being protected. An approved turn around area shall
h)e
C— 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13n 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 abparatus, and approved signs are
installed and maintained indicating such approved changes.
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— 18.2.3A.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 he posted at both entrances to bridges where required by
the AH:l.
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
Mr. Zendo Kern, Director
October 21, 2021
Page 5
Fire apparatus would connect to a Fire hydrant or Fire Department Connection., the maximum
gradient of such area(s) shall not exceed 10 percent.
1 8.2.3.4;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 in drop in ( m) or the design limitations of the fire
apparatus of the fire department and shall be subject to approval by the
18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb
cuts extending at least 2 ft(0.6 I in) beyond each edge of the fire lane.
18.2.3.4.7 Traffic Calming Devices. File design and use of traffic calming devices shall be
approved the A111.
18.2.3.5 Marking of Fire Apparatus Access Road.
18.2.3.5.1 Where required b the ATV, 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.
18,14.1 General.
18.2A.1.1 The required width of a fire department access road shall not be obstructed in any
manner, including by the parking of vehicles,
18.2A.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be
maintained at all times.
18..2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or
impede accessibility for fire departmentoperations.
18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and.
barriers in accordance with 18.2,41.2.1 shall not be obstructed by parked vehicles.
18.2.4.2 Closure of Accessways.
18.2.4.11 The shall be authorized to require the installation and maintenance of gates OF
other approved barricades across roads, trails., or other accessways not including public streets,
alleys, or highways.
Mr. Zendo Kern, Director
October 21. 202
Palle 6
18.2.4.2.2 Where required_ gates and barricades shall be secured in an approved manner.
18.2.4.23 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 A Hi.
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.
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 building's, 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 mid mains capable of supplying, the required fire flow shall be provided when
required by the AM. For on-site fire hydrant requirements see section 183.3.
EXCEPTIONS:
1. When facilities or buildings, or portions thereof, are completelyprotected with an
approved automatic fire sprinkler system the provisions of section 18.11 may be
modified by the A Hi.
2. When water supply requirements cannot be installed due to topography or other
conditions, the AEU may require additional fire protection as specified in section 18.3.2
as amended in the code.
1 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 b_e_modified by M.
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 locatioft,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.
Mr. tendo Kern. Director
October
irector-
October 21, 2021.
Paige
18.3.4 1-ire 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 NFP.A 25
or county requirements as determined by the
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.
183.7 The 3 H.1 shall be notified whenever any Inc: 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, 301- 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 2O00gpraa_per the Department of Water
standards shall double the minimum water supply reserved for firefighting.
Fite Department Connections ('FDC") to alternative water supplies shall comply with 18.3,8 (1)-
(6) of this code.
NOTE In that water catchment systems ar~.e being used as a means of watesupply for
firefighting,such systerhs shall meet the following requirements:
Mr. Zendo Kern, Director
October 21, 2021
Page 8
1) In that a single water tank is used for both domestic and firefiglitiruz, water, the water for
domestic use shall not be capable of being drawn from the water reserved-for firefightinv.:
2) Minim urn 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.
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 $ ft and 16 ft from the Fire department access. The location shall be
approved by the A1-1.1;
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;
t) not be located more than 150 feet of the most remote part, but not less than 20 feet, of the
structure being protected;
a) 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 Allj 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) Awicultural 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.
Mr. Zendo Kern, Director
•
• October 21, 2021
Page 9
3) For one and two family dwellings. agricultural buildings, storage sheds, and detached
garages $00 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.
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, 1-)lease contact Acting Battalion Chief
Palani Kurashige 4(808) 932-2912,
KAZUO S. K. L. TODD
'Fire Chief
KT:lk
Mitchell D.Roth �O�~4'r' "�'y,�� ,
• Zendo Kern
Mayor • ; – _R �Id; Director
jArif
Lee E.Lord1. �_-�__ Jeffrey W.Darrow
Managing Director �•.o —o.'• Deputy Director
45.4-1 iirviot•
West Hawai`i Office ••• East Hawaii Office
74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3
Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawai'i 96720
Phone(808)323-4770 Phone(808)961-8288
Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742
MEMORANDUM
DATE: October 25,2021
TO: CHRISTIAN KAY
Planner,Planning Department
FROM: LONG RANGE DIVISION -
COH Planning Department
SUBJECT: Rezone Application No. REZ 21-000008
Applicant: Aguinaldo 4 LLC
Request: Request to rezone from RS-10 to CV-20
Tax Map Key: (3) 1-5-003:037
Mahalo for the opportunity to comment on Aguinaldo 4 LLC's proposal to rezone the subject
property (TMK 1-5-003:037) from an RS-10 to a CV-20 classification(REZ-2021-000008).
The General Plan's Land Use Pattern Allocation Guide (LUPAG) designates this property as
medium density urban. The property is also located within the Pahoa Regional Town Center per
the Puna Community Development Plan. There does not appear to be any conflict around
changing the zoning on the existing property and proposed development per these community
plans. I would note however that the proposed new building must be designed in reference to the
Pahoa Village guidelines and in consult with the Pahoa Village Design Review Committee to
ensure that it blends in with the surrounding community character.
We have no further comments to offer at this time. Should you have any questions, or if you
need further assistance, please feel free to contact Heather Bartlett of this office at
Heather.Bartlett@hawaiicounty.gov or(808) 961-8137.
HB:km
C:\Userslhbartlett\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\81D76P2C\REZ 21-000008.kmedits.doc
Sent by email
Pia nnang Dept.
'i`.
iing.hawaiicounty.gov Hawai`i County is an Equal Opportunity Provider and Employer planning(7ahawaiicounty.gov
Exhibit 1
DAVID Y.IGE o h ELIZABETH A.CHAR,M.D.
GOVERNOR OF HAWAII
4a g!r;."''-!fi% • DIRECTOR OF HEALTH
:s s a'••;:
kiliAttt
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f.
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O.BOX 916
HILO,HAWAII 96721-0916
MEMORANDUM
DATE: September 22, 2021
TO: Mr. Zendo Kern
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: Change of Zone Application (PL-2021-000008)
Request: Single-Family residential 10,000 Square Feet to Village
Commercial District 20,000 Square Feet
Applicant: Aguinaldo 4, LLC
TMK: 1-5-003:037
The Clean Water Branch has reviewed the limited information contained in the subject document
and offers,the following comments:
Permit Issuance
* Anyproject and its potential impacts to State waters must meet the State's:
1) Antidegradation policy,which requires that the existing uses and the level
of water quality necessary to protect the existing uses of the receiving
State water be maintained and protected;
2) Designated uses, as determined by the classification of the receiving State
waters; and
3) Water quality criteria [Hawaii Administrative Rules-(HAR), Chapter 11-54],
* A Section 401 Water quality Certification(WQC) is required if your
project/activity:
- Requires a federal permit, license, certificate, approval, registration, or
Statutory exemption; and
- May result in a discharge into State waters. The term "discharge" is
defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6).
Examples of"discharge" include,but are not limited to, allowing the
following pollutants to enter State waters from the surface or in-water:
solid waste, rock/sand/dirt, heat, sewage, construction debris, any
underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes,
Planning Dept.
Exhibit
Zendo Kern
September 23, 2021
Page 2 of 4
biological materials, industrial wastes, concrete/sealant/epoxy, and
washing/cleaning effluent.
Determine if your project/activity requires a federal permit, license, certificate,
approval, registration, or statutory exemption by contacting the appropriate
federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of
Engineers (COE),Pacific Ocean Division Honolulu District Office (POH) Tel:
808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021;
Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard
Office of Bridge Programs Tel: 202-372-1511).
To request a Section 401 WQC, you must complete and submit the Section 401
WQC application. This application is available on the e-Permitting Portal website
located at: https:/./eha-cloud.doh.hawaii.gov/epermit/.
Please see HAR, chapter 11-54 for the State' Water Quality Standards and for
more information on the Section 401 WQC. HAR, Chapter.11-54 is available on
the CWB website at: http://health.hawaii.gov/cwb/.
• National Pollutant Discharge Elimination System (NPDES)permit coverage is
required for:
-Storm water associated with construction activities for land disturbances of
one(1) acre or more. Land disturbance includes„but is not limited to,
clearing, grading, grubbing, excavation, demolition,uprooting of vegetation,
equipment staging,and storage areas.
-Storm water associated with industrial activities for facilities with Standard
Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i)through
(ix) and(xi).
-Storm water and certain non-storm water from a small Municipal Separate
Storm Sewer System_
-Discharges of water pollutants into State surface waters. Examples of these
discharges include,but are not limited to, cooling water, hydrotesting waters,
dewatering effluent, and process wastewater.
-Discharges from the application of pesticides (including pesticides,
herbicides, fungicides, rodenticides, and various other substances to control
pest)to State waters.
An application for an NPDES individual permit must be submitted at least 180
calendar days before the commencement of the discharge or start of construction
activities. To request and NPDES individual permit, you must complete and
submit the NPDES individual permit application. This application is available on
the e-Permitting Portal website located at:
https://eha-cloud.doh.hawaii.gov/epermit/.
Zendo Kern
September 23, 2021
Page 3 of 4
A Notice of Intent(NOI) for coverage under a specific NPDES general permit
must be submitted at least 30 calendar days before the commencement of the
discharge or start of construction activities. To request NPDES general permit
coverage,you must complete and submit the NOI. The NOI is available on the
e-Permitting Portal website located at:
https://eha-cloud.doh.hawaii.gov/epermit/.
Please see HAR, Chapter 11-55 for more information on the NPDES individual
permit and NPDES general permits.-The specific NPDES general permits
located in HAR, Chapter 11-55, Appendices B through M. HAR, Chapter 11-55
and HAR, Chapter 11-55, Appendices B through M are available on the CWB
website at: http://health.hawaii.gov/cwb/.
• According to State law, all discharges related to the project construction or
operation activities, whether or not NPDES permit coverage and/or Section 401
WQC are required,must comply with the State's Water Quality Standards.
Monitoring
• Effluent discharge and/or receiving water monitoring may be required as
conditions of Section 401 Water Quality Certifications and NPDES General and
Individual permits.
Enforcement
• Noncompliance with water quality requirements contained in HAR, Chapter 11-54
and/or permitting requirements specified in HAR, Chapter 11-55 may be subject
to penalties of$25,000 per day per violation.
• Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative,
civil and criminal penalties for such violations.
Polluted Runoff Control
• Manage projects identified in watershed-based plans that reduce polluted runoff
and educate the public about nonpoint source pollution. Projects are selected
through an annual request for proposals. Funding is provided by the EPA
through the Clean Water Act. For more information on projects and funding
opportunities, please visit: www.hawaii.gov/doh/pollutedrunoffcontrol.
The applicant would need to meet the requirements of our Department of Health Air Pollution
Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss
these requirements, please contact our Clean Air Branch staff at Ph. 933-0401.
•
Zendo Kern
September 23, 2021
Page 4 of 4
Construction activities must comply with the provisions of Hawaii Administrative Rules,
Chapter 11-46, "Community Noise Control."
1. The contractor must obtain a noise permit if the noise levels from the construction
activities are expected to exceed the allowable levels of the.rules.
2. Construction equipment and on-site vehicles requiring an exhaust of gas or air
must be equipped with mufflers.
3. The contractor must comply with the requirements pertaining to construction
activities as specified in the rules and the conditions issued with the permit.
Should there be any questions on this matter,please contact the Department of Health at 933-
0917.
We recommend that you review all of the Standard Comments on our website:
http://hawaii.gov/health/environmental/env-planning/landuse/landuse.html. Any comments
specifically applicable to this project should be adhered to.
The same website also features a Healthy Community Design Smart Growth Checklist
(Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State
Department of Health. The BEWG recommends that state and county planning departments,
developers,planners, engineers and other interested parties apply the healthy built environment
principles in the Checklist whenever they plan or review new developments or redevelopments
projects. We also ask you to share this list with others to increase community awareness on
healthy community design.
tixY Sidnieyalke, Planning Consultant
k M if< 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 •Planning•Variance•Zoning
c Telephone:(808)969-1522•Cell:(808)989-0640 •Subdivision•Land Use Permits
E-mail:sidfuke@hawaiiantel.net •Environmental Reports
November 16, 2021
Mr. Zendo Kern, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo,HI 96720
Dear Mr. Kern:
Subject: Rezoning Application Z 2021400008)
Applicant: Aguinaldo 4,LLC
T : 1-5-003: 037
This is in response to agency and internal staff's cot invents to date regarding the subject
matter. In response to those comments,please note the folhwing:
Division: The Division cotfirmed that the requested CN zoning
Department Long Rangeq
is consistent not only with the General Plan LUPAC Map but Regional Town Center of
the Puna Community Development Plan. Accordin,;ly, the Applicant will consult with
the Pahoa Village Design Review Committee to ass,ire consistency with the Pahoa
Village guidelines.
b. State Department of Health: The agency noted the n.cessity comply with its noise and
fugitive dust requirements. The applicant and/or its contractor will comply with those
requirements. Further, in the event drywells are needed to address site-generated water,
the permit requirements of the National Pollutant Di 3charge Elimination System
(NPDES)will be secured.
c. County Department of Environmental Management: The Solid Waste Division
commented that the use of transfer stations will not ae allowed. The Applicant intends to
dispose of site-generated waste at the approved soli(.waste disposal stations. Relative to
Wastewater, because there is no sewer system in the area, the requirements of the State
Department of Health will be complied with. For th 2,moment, the proposed system
would be a septic system. -
d. County Department of Water Supply: While Count,'water is available,the Applicant
will submit the estimated maximum daily water usage calculations for the review and
approval of the Department. That calculation will d.;termine the size of the meter,
backflow preventer, and other related appurtenances which the Applicant needs and will
install. Further,the Applicant understands and acce its that the fire flow requirements
must still be addressed with the Fire Department, as well as the possible need to relocate
any water infrastructure within the existing road rid is-of-way_
Planning Dept..
Exhibit,. 1
Mr. Zendo Kern,Director
November 16, 2021
Page 2
e. County Fire Department: The requirements of the F ire Department to address fire
suppression measures will be adhered to finalized di ging the building permit process.
Without the Fire Department's sign off, building per mit(s)for the project cannot be
issued.
f County Police Department: The Department did no anticipate any significant traffic or
public safety concerns relative to the proposed zonir g/use_
g. County Department of Public Works: As required,-de project will adhere toP ertinent
provisions of Chapter 10,Erosion and Sedimentation i relative to any site disturbance
work. A Site Drainage Plan, approved by the Depar hent of Public Works, will be
submitted in conjunction with the Plan Approval prc cess and implemented during the
construction phase of the project. Likewise, all driv43way connections to the streets
fronting the subject site, which are subject to the rev ew and approval of the Department
of Public Works,will be done prior to issuance of ar y occupancy permit. This may
include streetlights and traffic control devices that n ay be required by the Traffic
Division.
The Department is suggesting that the property's fro itage along the Puna-Kapoho Road
be improved with curb, gutter, and sidewalk. The A)plicant maintains that this "urban-
type" of improvement would be incongruous with th 3 character of this rural community.
To address the desire for segregated and safe pedest ian and vehicular movements in this
area, however, the applicant is willing to provide an Improved 8-foot wide pedestrian
path within its property adjacent to the right-of-way.
We trust that the above adequately responded to the ;omments to date. If not or if there
are
further questions or comments on this matter,
please let ne
know. Thank you verym
much.
Sincerel ,
1 klr1
SIDNEY M. FUTKE
Planning Consultant
Copy—Aquinaldo 4,LLC w/agency comments via email
RAguinaldoREZ.crk.12.20.2021
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
AGUINALDO 4, LLC
CHANE OF ZONE APPLICATION (PL-REZ-2021-000008)
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
.recommendation 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 a Single-Family Residential
(RS-10) zoning district to a Village Commercial-20,000 square feet(CV-20) zoning
district for the subject, 1.545-acre property. Although not proposed by the applicant, the
maximum number of lots that could be created by subdivision of the property should the
change of zone be approved is three(3) and the total number of multiple-family
dwellings that could be permitted on the property is 53.
The applicant secured a Use Permit in 2013 to allow the construction of a 13,520
square foot medical facility and related improvements on the subject property. However,
while the applicant has taken steps to comply with the conditions of the Use Permit, they
have not constructed the permitted medical clinic due to lava flows affecting Pahoa and
lower Puna in 2014 and 2018,where the subject property was used as a community hub
during the 2018 flow and was subsequently developed as the Pahoa Cultural Center,
including the construction of four(4) community buildings under an emergency
proclamation.
With the lava flow subsiding and timeframes for completion of the medical clinic
imminent, the applicant determined that limiting the site for only a medical facility has
made its development less financially feasible and therefore more difficult to construct.
Having the ability to entertain non-medical uses increases the financial viability of the
project.
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If the subject change of zone application is approved, the applicant requests
revocation of the existing Use Permit and conceptually plans to develop the property in
two (2)phases, the first of which will include the adaptive re-use of three(3) existing
structures onthe property for commercial purposes in the near term. The second phase
would include the removal of the existing structures on the property and the development
of a new,mixed-use medical, retail, and office complex consisting of a single-story,
13,520 square foot structure, 46 parking stalls(including two ADA stalls) and related
improvements. The applicant envisions the projected uses to be approximately 70% of
the structure for medical and office uses with 30%targeted for retail uses.
In order to consider an area for any type of zoning designation, the applicable
goals, policies, and standards of the General Plan must be adequately addressed..It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The change of zone request from an RS-10 to a CV-20 zoning district
conforms to applicable goals, policies and standards of the General Plan and the
Puna Community Development Plan(CDP).The Land Use Pattern Allocation Guide
(LUPAG) Map component of the General Plan is a representation of the document's
goals and policies to guide the coordinated growth and development of the County. It
reflects a graphic depiction of the physical relationship among the various land uses. The
request to change the zoning to a CV-20 district conforms to the LUPAG Map, which
designates the property and the surrounding area'encompassing the Pahoa Town area to
the northwest as Medium Density Urban, which allows single-family and multiple-family
residential and related functions (overall residential density may be up to 35 units per
acre), and village and neighborhood commercial uses. In addition to being consistent with
the LUPAG Map, the request would also support the following goals,policies, and
courses of action of the General Plan Land Use and Economic elements:
■ Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultured and physical environments of the County.
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• 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.
■ 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.
■ Centralization of commercial activities in Pahoa Town, rather than along the
Pahoa By-Pass, to serve the residents of Lower Puna shall be encouraged.
Additionally, the subject property is located within the boundaries of the Pahoa
Regional Town Center in the Puna Community Development Plan(PCDP). The PCDP
further states that commercial development that serves regional uses should be limited to
the"regional town center"boundaries. Commercial development that serves community
village or neighborhood village uses may be located adjacent to a regional town center.
Finally, the PCDP recommended the development of.Village Design Guidelines for
Pahoa Town,which were developed and cover the subject property. The existing
community buildings on the property were reviewed against those guidelines and
approved by the Pahoa Village Design Review Committee. A condition of approval will
require any new buildings to be similarly reviewed and approved.
Based on the preceding, the proposed change of zone is consistent with the
General Plan and the Puna Community Development Plan.
The change of zone from RS-10 to a CV-20 zoning district will not result in a
substantial adverse impact upon the surrounding area, community, or region.The
subject, 1.545-acre property is triangular in shape and located southeast corner at the
intersection of Highway 130 and Highway 132. The property has been fully graded and
has been improved with four(4) community buildings related to the Pahoa Community
Center permitted by the County. The applicant proposes to re-purpose some/all of the
existing structures for commercial uses during the first phase of the development. As the
structures have been permitted as community buildings, the Director is recommending a
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condition of approval to require the applicant to secure a change of use permit, if
necessary to accommodate the new commercial uses.
Surrounding lands are zoned A-la and A-5a on the east side of Highway 130 and
RS-10, A-la, CV-10 and CN-20 on the west side of Highway 130. The east side of the
highway consists mainly of residential dwellings, agricultural uses, and vacant land.
There is a church north of and across Highway 132 near the subject property. Tangerine
Acres Subdivision is east of the subject property. The west side of the highway is the part
of Pahoa Village and includes the Pahoa High School Complex, Pahoa Sacred Heart
Church and preschool, and several commercially zoned properties.
The construction of the proposed near-term commercial uses and ultimate
medical/retail/office facility development, driveway and parking lot improvements will
create temporary construction impacts such as an increase in noise, dust, and truck traffic.
These impacts will be temporary in nature and minor in scope and therefore are not
anticipated to have a substantial adverse impact on the surrounding properties,
particularly since some surrounding properties are already developed with commercial
and community uses that serve a regional population.
A condition of approval will require landscaping to be installed to visually screen
the village commercial uses from surrounding properties and adjacent roadways to reduce
the noise and visual impacts associated with the development. Additionally, as referenced
above, any new structures on the property will require approval from the Pahoa Village
Design Committee. With'implementation of these conditions, it is not likely that the
proposed developments will have a substantial adverse impact to the community's_
character or to surrounding properties and will not be detrimental to the public welfare.
The proposed use will not unreasonably burden public agencies to provide
roads and streets, sewers, water, drainage, schools, police and fire protection and
other related infrastructure. Access to the property is from Pahoa-Kapoho Road
(Highway 132), which is a County-owned and maintained roadway with a pavement
width of approximately 22 feet within a 60-foot-wide right-of-way(ROW) and
designated by the General Plan as a major collector road. There is a 6-foot paved
shoulder along the property boundary as well. Paved parking for the project will be
provided on-site. Conditions of approval will require the driveway connection and work
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r r
within the County ROW to conform with Chapter 22 and access to the roadway,
including the provision of adequate sight distances, shall meet with the approval of DPW.
Additionally, the applicant will be required to install streetlights and/or traffic control
devices as may be required by DPW for the use. Finally, as Highway 130 is a State
owned, limited access highway, a condition of approval will prohibit access onto that
roadway.
The applicant estimates that at full buildout, the proposed medical/office/retail
facility will only generate 42 peak hour vehicle trips, which will not exceed the 50 peak
hour vehicle trips necessary to require a Traffic Impact Analysis Report (TIAR). Despite
the preceding, the requested change of zone does not limit the applicant;to developing the
propertyas represented in the application, thus the Director recommends adding a
condition that requires the applicant to develop a TIAR for review and approval by the
State DOT and DPW-Traffic Division and implement any transportation system
improvements to the roadways fronting the subject property as may be deemed necessary
prior to securing a Certificate of Occupancy for the new use, if it exceeds 50 peak hour
vehicle trips.
Based on the proposed commercial zoning, DPW recommends that the applicant
provide improvements to the property's Pahoa-Kapoho Road(Highway 132) frontage
consisting of, but not limited to, pavement widening with concrete curb, gutter and
sidewalk, drainage improvements, signs and markings, streetlights, and any relocation of
utilities, meeting the requirements of the Americans with Disabilities Act and the
approval of the Department of Public Works. In response, the applicant has requested
relief from the requirement to provide curb, gutter, and sidewalk improvements citing
incompatibility of these "urban type"infrastructure improvements with the rural
character of the community and the lack of similar facilities in the immediate vicinity of
the property. Instead, the applicant is proposing to construct or delineate a new, 8-foot
wide, paved pedestrian path within the subject property that would be available to the
public during normal business hours, but closed to the public after hours to discourage
loitering.
The Director is recommending a condition requiring the installation of the
roadway improvements as recommended by DPW for the following reasons: 1) the
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subject property is situated in the State Land Use Urban District, situated in the LUPAG
Medium Density Urban designation, is situated within the boundaries of the PCDP Pahoa
Regional Town Center, and is situated within proximity to the Pahoa Town commercial ,
core which has been developed with curb, gutter, and sidewalks. Based on the preceding,
the director disagrees with the applicant's statement that the area is rural in character and
believes that the recommended roadway improvements are appropriate for this
commercial zoning; 2) the applicant is currently required to install the same
improvements as a condition of approval of the existing Use Permit for the Medical
Facility. The applicant agreed with this condition on the record and has confirmed that
they would comply with this condition in writing as recently as 2019. If successful, the
change to commercial zoning will allow for uses that will draw more pedestrian users of
the property(e.g., retail or food truck uses that could draw students from Pahoa High
School), thus even more so, this condition remains appropriate to ensure pedestrian
access to the property; 3)the sidewalks required under this condition will be dedicated to
the County and will be open to the public at all hours, as opposed to the proposed private
walking path that will be closed after business hours that have yet to be defined.
County water is available to the property from an existing 8-inch waterline within
the Pahoa-Kapoho Road fronting the subject parcel, or an existing 12-inch waterline
within the Pahoa-Kalapana Road via two (2), 5/8-inch meters are limited to an average
total of 800 gallons per day. DWS will determine the appropriate water commitment
deposit, prevailing facilities charge, appropriate service lateral and meter size required
once the applicant provides estimated maximum daily water usage calculations, prepared
by a licensed engineer, for each phase of the project. The DWS also requires a reduced
pressure type backflow prevention assembly be installed. Additionally, while the 12-inch
waterline provides adequate flow for fire suppression, the 8-inch line does not, thus any
improvements required by the Fire Department and/or Department of Water Supply to
ensure that fire protection requirements are met shall be implemented. The preceding will
be added as conditions of approval.
The applicant will install an approved individual wastewater system designed by
an engineer, conforming to the State of Hawai`i, Department of Health requirements. All
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other essential utilities and services are available to the site. Thus, the proposed use will
not unreasonably burden public agencies to provide infrastructure.
The project has no severe geological or topographical problem which cannot be
properly rectified, or which would render the land unusable. The property is situated in
Flood Zone"X", which is an area determined by FEMA to be outside of the 500-year
flood plain. There are no municipal waste collection services in the County. All solid
waste generated by the development will require private disposal at an approved refuse
collection facility. Electric and telephone services are available to the property. Police,
fire, and medical services are available nearby in Pahoa.
The request is not contrary to Chapter 205A,Hawaii Revised Statutes,
relating to Coastal Zone Management. The project site is located more than six(6)
miles from the nearest shoreline and thus is situated outside of the Special Management
Area and will not be impacted by coastal hazard and beach erosion. There is no record of
a designated public access to the shoreline or mountain areas that traverses the properties.
Through the previous Use Permit process for a medical clinic on the property, the
Department of Land and Natural Resources-State Historic Preservation Division issued a
"no-effect" determination by letter dated September 9, 2013, due to previous
grubbing/grading of the property. The standard inadvertent archaeological find condition
will be added to this approval recommendation.
As the property has been extensively grubbed and graded, no floral or faunal
surveys have been prepared for this application. According to the applicant, vegetation,
birds, and animals are introduced and common to urban areas of the island, thus none of
the present plant or animal species are considered endangered.
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 permit, 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 recommendaiton;
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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 preceding findings, the request to rezone the property from a Single-
Family Residential(RS-10) zoning district to a Village Commercial-20,000 square feet (CV-
20) zoning district for would result in an appropriate land use pattern that would further
benefit the general public.
The accompanying draft bill to amend Section 25-8-26 (Pahoa Zone Map), Article 8,
Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2016 Edition, As Amended), is
provided for your favorable consideration. Please note the proposed conditions of approval
attached to the draft bill.
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COUNTY OF HAWAII �•� = *•
' �' � STATE OF HAWAII
BILL NO.
ORDINANCE NO. Planning Dept.
AN ORDINANCE AMENDING SECTION 25-8-26 (PAHOA ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS
AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-
FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10)TO VILLAGE COMMERCIAL
DISTRICT—20,000 SQUARE FEET (CV-20) AT WAIAKAHIULA, PUNA, HAWAII,
COVERED BY TAX MAP KEY: 1-5-003:037.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-26, Article 8, Chapter 25 (Zoning Code) of the Hawai`i
County Code 1983 (2016 Edition, as amended) is amended to change the district classification of
property described hereinafter as follows:
The district classification of the following area situated at Waiakahiula, Puna,
Hawaii, shall be Village Commercial District—20,000 square feet(CV-20):
Beginning at a 2"pipe found at the east corner of this parcel of land, being also
the north corner of Lot 1, Land Court Application 1,479, Map 2 and on the southerly side
of PAHOA-KAPOHO ROAD, the coordinates of said point of beginning referred to
Government Survey Triangulation Station"PAHOA"being 3,931.19 feet South and
5,827.95 feet East and running by azimuths measured clockwise from True South:
1. 38° 19' 548.29 feet along Lot 1, Land Court
Application 1,479, Map 2 to a 1"
pipe found;
2. 189° 30' 467.63 feet along the easterly side of the
KEA'AU-PAHOA ROAD, F.A.S.P.
NO. RS-0130 (18) to a 1/2"pipe
found; thence along the southerly
sideof the KEA'AU-PAHOA
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•
ROAD, F.A.S.P.NO. RS-0130 (18),
along a curve to the right having a
radius of 40.00 feet, the chord
azimuths and distance being:
3. 238° 00' 59.92 feet to a 1/2"pipe found;
4. 286° 30' 221.05 feet along the southerly side of the
KEA'AU-PAHOA ROAD, F.A.S.P.
NO. RS-0130 (18) and the southerly
side of the PAHOA-KAPOHO
ROAD to the point of beginning and
containing an area of 1.545 Acres
more or less.
All as shown on the map attached hereto,marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2016
Edition, as amended), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to theP ublic
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.
INSERT CONDITIONS
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
, HawaiLi
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
III
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BAguinaldoREZ.crk.12.20.2021
AGUINALDO 4, LLC
CHANGE OF ZONE APPLICATION (PL-REZ-2021-000008)
CONDITIONS OF APPROVAL
A. The applicant, successors, or assigns (Applicant) shall be responsible for complying with
all of-the stated conditions of approval.
B. The Applicant shall submit estimated maximum daily water usage calculations, prepared
by a professional engineer licensed in the State of Hawai`i to the Department of Water
Supply(DWS). The water usage calculations should include the estimated peak flow in
gallons per minute and the total estimated maximum daily water usage in gallons per day,
including all irrigation use. A water commitment deposit shall be paid to the DWS within
180 days from the effective date of this ordinance in accordance with Rule 5 of the
Department of Water Supply's Rules and Regulations. The applicant is responsible for
installing a larger or additional water meter, if required, and maintaining valid water
commitments to support the proposed use until such time that required water facilities
charges are paid in full. This condition shall be implemented prior to the issuance of a
certificate of occupancy for any new use on the property.
C. The Applicant shall install a reduced pressure type backflow prevention assembly by a
licensed contractor, 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 the
larger or additional meter. The installation of the backflow prevention assembly(s) must
be inspected and approved by the Department of Water Supply before the
commencement of water service.
D. Site layout and building design of the proposed development shall adhere to the
established Pahoa Village Design Guidelines and are subject to review and approval by
the Pahoa Village Design Review Committee prior to securing Final Plan Approval.
E. 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 commencing construction, the
Applicant 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
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•
access and paved 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) bufferyard requirements for the
Village Commercial (CV)zone adjoining a Single-Family Residential (RS) zone.
F. Prior to commencement of any commercial use within the existing community building
structures on the property, the Applicant shall secure and finalize all required building
permits from the Department of Public Works-Building Division, including change of use
building permits if necessary.
G. The Applicant shall implement any improvements required by the Fire Department
and/or Department of Water Supply to ensure that fire protection requirements can be
met for Village Commercial zoning.
H. Access to the subject property shall be prohibited from the Pahoa-Kalapana Road
(Highway 130).
Access to the subject property shall be limited to Pdhoa-Kapoho Road (Highway 132)
and conform to the requirements of Chapter 22, County Streets, of the Hawai`i County
Code and access improvements, including the provision of adequate site distances, shall
meet with the approval of the Department of Public Works.
J. Streetlights and traffic control devices at the project's driveway along Highway 132, as
may be required by the Traffic Division, Department of Public Works, shall be installed
by the Applicant at no cost to the County, prior to the issuance of certificate of occupancy
for any portion of the project.
K. The Applicant shall provide improvements to the subject property's entire Pahoa-Kapoho
Road (Highway 132) frontage consisting of, but not limited to,pavement widening with
concrete curb, gutter and sidewalk, drainage improvements, and any required utility
relocation meeting with the approval of the Department of Public Works (DPW)prior to
the receipt of certificate of occupancy for any portion of the project.
L. Should the Applicant develop a land use which the Planning Department, in consultation
with the Department of Public Works and the State Department of Transportation,
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
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and the State Department of Transportation prior to Final Plan Approval. The Applicant
shall implement any transportation system improvements to Pahoa-Kapoho Road
(Highway 132) and Pahoa-Kalapana Road (Highway 130) that may be deemed necessary
by the Department of Public Works and State Department of Transportation prior to
securing a Certificate of Occupancy for the land use.
M. All earthwork activity, including grading and grubbing, shall conform to Chapter 10,
Erosion and Sedimentation Control, of the Hawai`i County Code.
N. 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.
O. Prior to receipt of a Certificate of Occupancy, an individual wastewater system shall be
installed meeting with the requirements of the Department of Health..
P. In the event that surface or subsurface historic resources, including human skeletal
remains, structural remains (e.g., rock walls, terraces, platforms, etc.), cultural deposits,
marine shell concentrations, sand deposits, or sink holes are identified during the
demolition and/or construction work, the Applicant shall 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. Subsequent work shall proceed upon
an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation
measures have been taken.
Q. Should the Applicant develop residential units on the subject property,the Applicant
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 or Final Subdivision Approval, whichever is applicable,
and shall be based on the actual number of additional residential units or lots created. 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
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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 combined value of$9,662.28 per multiple family residential unit
or lot($15,057.57 per single family residential unit or lot). The total amount shall be
determined with the actual number of residential lots according to the calculation and
payment provisions set forth in this condition. The fair share contribution per multiple
family residential unit or lot(single family residential unit or lot) shall be allocated as
follows:
1. $4,766.13 per multiple family residential unit or lot($7,261.03 per single family
residential unit or lot)to the County to support park and recreational
improvements and facilities;
2. $150.63 per multiple family residential unit or lot($350.27 per single family
residential unit or lot)to the County to support police facilities;
3. $463.37 per multiple family residential unit or lot($691.83 per single family
residential unit or lot) to the County to support fire facilities;
4. $206.52 per multiple family residential unit or lot($302.89 per single family
residential unit or lot) to the County to support solid waste facilities; and
5. $4,075.63 per multiple family residential unit or lot ($6,451.55 per single family
residential unit or lot)to the County to support road and traffic improvements.
In lieu of paying the fair share contribution, the Applicant 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.
R. 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.
S. 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
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prior to Final Plan Approval.
T. The Applicant shall comply with all applicable County, State and Federal laws, rules,
regulations and requirements.
U. An initial extension of time for the performance of conditions within the ordinance may
be granted by the Director upon the following circumstances:
1. The non-performance is the result of conditions that could not have been foreseen
or are beyond the control of the Applicant, successors or assigns, and that are not
the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan or
Zoning Code.
3. Granting of the time extension would not be contrary to the original reasons for
the granting of the change of zone.
4. The time extension shall be for a period not to exceed the period originally
granted for performance (i.e., a condition to be performed within one year may be
extended for up to one additional year).
5. If the Applicant should require an additional extension of time, the Planning
Director shall submit the Applicant's request to the County Council for
appropriate action.
V. 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.
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AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-26 (PAHOA ZONE MAP)ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE-FAMILY RESIDENTIAL (RS-10) TO
VILLAGE COMMERCIAL (CV-20)
AT WAIAKAHIULA, PUNA, HAWAI'I
MAP PREPARED BY:
TMK:(3)1-5-003:037 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:September7,2021
EXHIBIT"A" Aguinaldo 4,LLC.
Map: 1432
•
Daryn Arai
Land Use Planning Consultant
December 30, 2021
Mr. Dean Au, Chairperson and
Members of the Windward Planning Commission
County of Hawai`i Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
Dear Chairperson Au and Members of the Windward Planning Commission:
Change of Zone Application (PL-REZ-2021-000008)
Request: Single-Family Residential-10,000 square feet(RS-10)to
Village Commercial-20,000 square feet(CV-20)
Applicant: Aguinaldo 4, LLC
Tax Map Key: 1- 5- 003: 037; Kaniahiku Homesteads, Puna
The Applicant for the above-described matter, Aguinaldo 4, LLC, is very appreciative of
the Planning Director's favorable recommendation of the proposed change of zone request to the
CV-20 zoning district. The Applicant accepts and agrees with the findings, conclusions and
proposed conditions that support the favorable recommendation, with the exception of
Condition K regarding the provision of curb, gutter and sidewalk improvements along the project
site's entire Pahoa-Kapoho Road (Highway 132) frontage,which currently reads as follows:
K. The Applicant shall provide improvements to the subject property's entire Pahoa-
Kapoho Road (Highway 132)frontage consisting of, but not limited to, pavement
widening with concrete curb, gutter and sidewalk, drainage improvements, and
any required utility relocation meeting with the approval of the Department of
Public Works (DPW)prior to the receipt of certificate of occupancy for any
portion of the project.
P.O.BOX 4501,HILO HAWAII 96720
PHONE:(808)895-3218 EMAIL:DARYN.ARAI@OUTLOOK.COM OUTLOOK.COM
Mr. Dean Au, Chairperson and
Members of the Windward Planning Commission
Countyof Hawai`i Planning Department
Page2of3
December 30, 2021
The Applicant respectfully requests that the Commission considers the following
amendment to Condition K that would provide the same pedestrian accommodation along the
Pahoa-Kapoho Road(Highway 132)frontage,but to be located within the subject property:
K. The Applicant shall provide improvements [to] within the subject property's
entire Pahoa-Kapoho Road(Highway 132) frontage consisting of[, but not
limited to, pavement widening with concrete curb, gutter and sidewalk,
drainage improvements, and any required utility relocation meeting with the
approval of the Department of Public Works (DPW)] a minimum 8-foot wide
all-weather dust free pedestrian path that shall be encumbered by a non-
exclusive pedestrian public access easement to be recorded with the Bureau of
Conveyances prior to the receipt of certificate of occupancy for any portion of the
project site. This public access easement shall allow for unrestricted public
access until such time that construction of sidewalk improvements within the
Pahoa-Kapoho Road(Highway 132) right-of way directly,fronting the subject
property has been completed, upon which this public access easement shall be
terminated.
(material to be deleted is bold and bracketed with added material bold,italicized and underscored)
Reasons in Support of Proposed Amendment to Condition K
Planning Department Exhibit 4 provides a discussion and updated site plan showing the
proposed location of the 8-foot wide on-site pedestrian pathway that would serve the same basic
function as the construction of a new sidewalk within the Pahoa-Kapoho Road(Highway 132)
right-of-way fronting the subject property.
In accordance with Section 25-2-44, Hawaii County Code 1983 (2016 Edition, as
amended), the County Council, when including conditions as part of any change of zone
ordinance, must find that such 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.
Mr. Dean Au, Chairperson and
Members of the Windward Planning Commission
County of Hawai`i Planning Department
Page 3 of 3
December 30, 2021
The proposed on-site, non-exclusive pedestrian pathway will accomplish the same
pedestrian-related objectives as any sidewalk improvements within Pahoa-Kapoho Road
(Highway 132) right-of-way,thereby preventing any potential adverse effects upon the public
health, safety or welfare.
As the only commercial activity along the south side of the Pahoa-Kapoho Road
(Highway 132) and the east side of the Pahoa-Kalapana Road (Highway 130), all anticipated
pedestrian movements will be concentrated between the subject property and Pahoa Town, and
not to properties beyond. This is clearly represented by the limits of the Preliminary Pahoa
Regional Town Center boundaries as shown on the attached Exhibit A and Exhibit B.
Therefore,the focus of any pedestrian-related facilities should be the series of crosswalks at the
Highways 130 and 132 intersection and how it transitions into the subject property, but not
necessarily beyond, as represented in Exhibit C and Exhibit D. Regardless,the Applicant
understands the importance of protecting pedestrians along Highway 130 due to traffic generated
by the proposed commercial uses, and wishes to offer an on-site solution via the proposed 8-foot
wide pedestrian pathway that would protect the public from any potentially deleterious effects of
the proposed commercial use and will help to fulfill the need for public service demands created
by the proposed commercial use.
As a final note,the intersection of Highways 130 and 132 is filled with various utilities
such as power and telephone poles, street lights, traffic signal and crosswalk control fixtures,
which could seriously complicate the construction of any sidewalk and drainage improvements
within the Highway 132 right-of-way, as shown in Exhibit C. The potential significant costs
associated with constructing sidewalk and related drainage improvements within the Highway
132 right-of-way along with necessary utility relocation is not reasonable when a more
reasonable and just-as-functional on-site solution is being offered.
Should you have any questions or require additional information to assist with this
request for reconsideration,please feel free to contact me.
Sincerely,
A CI. ft..:
Daryn Arai
Land Use Planning Consultant
copy via email: Aguinaldo 4, LLC
Sidney Fuke, Planning Consultant
r J
Project Site is located at far eastern corner of Preliminary Pahoa Regional Town Center
Figure 5-2: YAhoa Regional lows ( enter
1; PROJECT1 SITE R
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EXHIBIT A
Aerial Image of Project Site with Zoning Overlay showing no adjacent Urban uses
that would generate pedestrian movements beyond the Project Site eastward along Highway 132
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As the only activity on the east side of Highway 130 that would generate pedestrian traffic,it would be reasonable to
accommodate all pedestrian movements within property rather than along Highway 132 frontage
EXHIBIT B
Looking east towards subject property from Highways 130 and 132 intersection
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EXHIBIT C
The Project Site plan below shows the approximately location of crosswalks at the Highway 130& 132 intersection,
where pedestrian traffic is focused. Pedestrian movements along Highway 132 are expected to be minimal simply
because there are no other commercial uses to the east beyond the Project Site
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AGUINALDO 4 , LLC
CHANGE OF ZONE APPLICATION
(PL-REZ 2021 -000008)
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LOCATION MAP
The Applicant Is Requesting:
■ A change of zone from a Single-Family Residential (RS-10) zoning district to a Village Commercial-
20,000 square feet (CV-20) zoning district for the subject, 1.545-acre property.
Reasons for the Request:
• The applicant secured a Use Permit in 2013 to allow the construction of a 13,520 square foot medical
facility and related improvements on the property. However, while the applicant has taken steps to
comply with the conditions of the Use Permit, they have not constructed the permitted medical clinic
due to lava flows affecting Pahoa and lower Puna in 2014 and 2018, where the subject property was used
as a community hub during the 2018 flow and was subsequently developed as the Pahoa Cultural
Center, including the construction of four (4) community buildings under an emergency proclamation.
■ With the lava flow subsiding and timeframes for completion of the medical clinic imminent, the
applicant determined that limiting the site for only a medical facility has made its development less
financially feasible and therefore more difficult to construct. Having the ability to entertain non-medical
uses increases the financial viability of the project.
■ If the rezone is approved, the applicant will request revocation of the Use Permit & proposes to develop
the property in two phases, the first of which will include the adaptive re-use of three (3) existing
structures on the property for commercial purposes in the near term.The second phase would include
the removal of the existing structures on the property and the development of a new, mixed-use medical,
retail, and office complex consisting of a single-story, 13,520 square foot structure, 46 parking stalls
(including two ADA stalls) and related improvements. The applicant envisions the projected uses to be
approximately 70% of the structure for medical and office uses with 30% targeted for retail uses. ,�
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VIEWS OF EXISTING STRUCTURES ON THE PROPERTY
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VIEV- OF HWY 130 LOOKING SOUTH VIEW OF HWY 130 LOOKING NORTH
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VIEW OF HWY 130 LOOKING MAKAI VIEW OF HWY 130 LOOKING MAUKA
1
APPLICANT'S PROPOSED AMENDMENTS TO CONDITION K (CGS)
The Applicant shall provide improvements [to] within the subject
property's entire Pahoa-Kapoho Road (Highway 132) frontage consisting
of[, but not limited to, pavement widening with concrete curb, gutter and ''n
meeting with the approval-of the Department of Public Works (DPW)] a
minimum 8-foot wide all-weather dust free pedestrian path that shall be
P4
encumbered by a nonexclusive pedestrian public access easement to be cn
recorded with the Bureau of Conveyances prior to the receipt of certificate F'
of occupancy for any portion of the project site. This public access
easement shall allow for unrestricted public access until such time that 0
construction of sidewalk improvements within the Pahoa-Kapoho Road :1-41
(Highway 132) right-of-way directly fronting the subject property has been
completed, upon which this public access easement shall be terminated.
APPLICANT'S PROPOSED AMENDMENTS TO CONDITION K (CGS) -WITH PD
CHANGES
The Applicant shall provide improvements [to] within the subject E-,
property's entire Pahoa-Kapoho Road (Highway 132) frontage consisting
of[, but not limited to, pavement widening with con
rctc curb, gutter and
- - _ . . • - - _ - - : - _ . tmcnt of Public Works (DPW)] a (24
ADA compliant, minimum 8-foot wide, [all-weather dust free] paved
pedestrian path that shall be encumbered by a nonexclusive pedestrian EA
public access easement meeting with the approval of the Planninc,
Director, in consultation with the Department of Public Works to be 0
prior receipt of certificateances
with the Bureau of Conveto the
recorded y
of occupancy for any portion of the project site. This public access
easement shall allow for unrestricted public access until such time that
construction of sidewalk improvements within the Pahoa-Kapoho Road
132) right-of-way directly fronting the subject property has been
(Highway
completed, upon which this public access easement shall be terminated.
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0
PI:,ANNING DIRECTOR' S RECOMMENDATION
FAVORABLE RECOMMENDATION BE SENT
TO THE COUNTY COUNCILrn
O
(4114