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HomeMy WebLinkAboutCOM 0832.000 2020-2022 JNt-4 OF k1h Lee E.Lord Managing Director Mitchell D.Roth •c i. Mayor Robert H.Command tr� ."'"O•'•rt►�� Deputy Managing Director f Of Nr Guttfv of(.cai�ail UI ffilPE II f f 4 P Maar 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 ti rn C_ May 20, 2022 N c'< Maile David, Council Chair w �► and Members of the County Council •o County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair David and Members: SUBJECT: Change of Zone Application (PL-REZ-2022-000016) Request: Single-Family Residential-10,000 Square Feet (RS-10) to a Village Commercial-10,000 Square Feet(CV-10) Applicant: Lawrence Palmer Tax Map Key: (3) 1-6-002:082, Kea`au, Puna, Hawaii 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, ;�A 41,(a__ � MITCHELL D. ROTH Mayor TCO Linc i l Pa lmerREZ-22-016 Enclosures cc: Planning Department Comm. No. I I I It Ref. To: y 1 C; Ref. Date MAY 3 1 2022 County of Hawaii is an Equal Opportunity Provider and Employer. Mitchell D.Roth o°'�`•V'oF"''�, Dean An,Chair Mayor �' ������%: Michelle Galimba,Vice-Chair +c c. Gilbert Aguinaldo Lee E.Lord Lauren Balog Managing Director •r' °�'.` Louis Daniele ,TE OFNF'•N Wayne De Luz Dennis Lin County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 May 17, 2022 Maile David, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chair David and Council Members: SUBJECT: Change of Zone Application (PL-REZ-2022-000016) Request: Single-Family Residential-10,000 Square Feet(RS-10) to a Village Commercial-10,000 Square Feet(CV-10) Applicant: Lawrence Palmer Tax Map Key: (3) 1-6-002:082, Kea`au, Puna, Hawaii The Windward Planning Commission (Commission), at its duly held public hearing on May 5, 2022, recommended for your approval the proposed legislative bill for a Change of Zone from a Single- Family Residential-10,000 Square Feet (RS-10) to a Village Commercial-10,000 Square Feet (CV- 10) zoning district for approximately 11,254 square feet of land. The property is located at 16-540 Laukahi Place, approximately 150 feet east of its intersection with Old Volcano Road, Kea`au, Puna, Hawaii. The Commission concurs with the following Planning Director's reasons for favorable consideration of the request: The applicant is requesting to change the zoning district from a Single-Family Residential — 10,000 square feet (RS-10) to a Village Commercial — 10,000 square feet (CV- 10) zoning district for approximately 11,254 square feet of land, in order to establish a furniture and appliance retail outlet. The applicant's proposed retail outlet will include two (2) showrooms, two (2)bathrooms, a workshop/storage space, and a parking lot with four (4) parking stalls, one (1) of which will be A.D.A. accessible. The applicant is proposing renovations within the existing building footprint to bring the building to code for commercial occupancy and to realign the floor plan to accommodate the proposed showrooms. No additional structures or expansion of the existing building footprint are proposed. Hawai'i County is an Equal Opportunity Provider and Employer Maile David, Council Chair and Members of the County Council County of Hawaii Page 2 May 17, 2022 The applicant plans to employ two (2)to three (3)people to support the business with intended hours of operation from 9:00 am to 5:00 pm, Tuesday through Saturday Furthermore, the applicant anticipates the project will cost approximately $100,000 and that construction will be completed within two (2)years of being granted the requested Change of Zone. Please note that although the applicant is currently proposing to convert the existing dwelling to a retail outlet, any permitted use in the CV-zoning district can be established on the property should the change of zone request be approved. 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-10 zoning district conforms to applicable goals, policies and standards of the General Plan and the Puna Community Development Plan. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards, and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the following goals,policies ana standards 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, cultural and physical environments of the County. ■ 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. Maile David, Council Chair and Members of the County Council County of Hawaii Page 3 May 17, 2022 ■ Preference shall be given to commercial lands with a reasonably level topography. ■ Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. ■ Provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. 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-10 district conforms to the LUPAG Map, which designates the property and the surrounding area as a mixture of Low Density Urban and Medium Density Urban. Low Density Urban allows residential use, with ancillary community and public uses, and neighborhood and convenience-type commercial uses,while Medium Density Urban allows village and neighborhood commercial and single family and multiple family residential and related functions. Based on the preceding,the requested change of zone to a CV-10 district conforms to the LUPAG Map. In addition, the proposed change of zone is consistent with the Puna Community Development Plan (PCDP), as the subject property is situated within the area designated by the PCDP as the Kea`au Regional Town Center. According to the PCDP, village and town centers are expected to include a mix of uses, including small-lot and higher density residential, retail and office commercial, service-type light industrial, and public and quasi- public facilities, such as schools, churches, and parks. Furthermore,the policies of the PCDP direct this type of commercial development into village and town centers, thus this proposed CV zoning is consistent with the intent of the PCDP. All essential utilities and services are available to the property. The subject parcel is currently accessed via one (1) paved driveway connection to Laukahi Place, which is a County owned and maintained roadway with an approximately twenty-five (25) foot pavement width within an existing forty (40) foot wide right-of-way. The southern side of Laukahi Place is improved with an approximately eight (8) foot wide sidewalk. As a local street, Laukahi Place should have a total 50-foot-wide right-of-way (currently 40 feet), however, the Deputy Director is not inclined to require a future road widening setback as it was not required of other properties that were rezoned to CV in the immediate area. Maile David, Council Chair and Members of the County Council County of Hawaii Page 4 May 17, 2022 Based on the proposed zoning, the Department of Public Works (DPW) recommends that the applicant provide improvements to the subject property's Laukahi Place 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. DPW recommends the improvements to be located within any future road widening setback established by the Planning Department and that all driveway connections and construction meet the requirements of Chapter 22, County Streets, of the Hawaii County Code. Additionally, DPW recommends that the applicant install any required streetlights or traffic control devices as may be required by the Traffic Division, Department of Public Works, with design, purchase and installation being the responsibility of the applicant. As the applicant is currently proposing to convert an existing dwelling into a small retail building, they have requested the DPW roadway improvement requirements outlined above be deferred to when the scope of the business is expanded or enlarged beyond the footprint of the existing structure. The Deputy Planning Director is not inclined to support that request as there has been no representation that the applicant ever intends to expand or enlarge beyond the footprint of the existing structure, thus the improvements may never be made. The proposed retail use is considered a permitted use in the CV zoning district. Moreover, these improvements have been required of other landowners in similar rezonings and are appropriate for this type of zoning in urban Kea`au. As such, the Deputy Planning Director is recommending the improvements be similarly made prior to issuance of Certificate of Occupancy. County water is available to the site via an existing 8-inch waterline within Laukahi Place, fronting the subject parcel. The Department of Water Supply (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 the proposed commercial use. The DWS also requires a reduced pressure type backflow prevention assembly be installed. Finally, according to the DWS, the existing 8-inch waterline is inadequate to provide the required 2,000 gallons per minute flow for fire protection, as per DWS standards, and the applicant will need to work with the Fire Department to determine any other fire protection requirements or alternatives. The preceding will be added as conditions of approval. According to the Department of Environmental Management (DEM), there is no County sewer system in the area. The existing dwelling is currently serviced by an existing cesspool; however, the applicant has stated they intend to replace the cesspool with a septic Maile David, Council Chair and Members of the County Council County of Hawaii Page 5 May 17, 2022 system meeting with the requirements of the State Department of Health. The preceding will be added as a condition of approval. There are no municipal waste collection services in the County. According to the application, solid waste will be handled by commercial haulers, who will dispose of the refuse at authorized landfill sites. Electrical, telephone and internet services are available to the property. Police and fire services are available in Kea`au, and medical services are available in Kea`au and Hilo. There are no severe geological or topographical problems for the property that cannot be properly rectified, or which would render the land unusable. According to the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA) and the Department of Public Works-Engineering Division (DPW), the property is located in Zone "X", an area outside of the 500-year flood area. There are no significant topographical constraints, and the property is not located in a flood zone. Conditions of approval will ensure that all development generated runoff will be disposed of onsite and that the applicant will comply with Chapter 10 related to Erosion and Sedimentation Control. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not situated within the Special Management Area. It is located over three (3) miles from the nearest coastline and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources, or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. It is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property because the property was previously bulldozed and cleared. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical, or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa`akai O Ka`Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Maile David, Council Chair and Members of the County Council County of Hawaii Page 6 May 17, 2022 ■ Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kama`aina accounts of the area, historical survey of documentary records, or botanical study was included in the application. ■ The valued cultural, historical, and natural resources found in the rezoning: No professional archaeological and cultural study was conducted of the property. According to the applicant, no archeological or historical features are known to exist on the subject property nor is the property listed as a historic site on the State or National Register of Historic Places. No professional floral or faunal survey was conducted of the property. The subject property has been previously cleared for construction of a single-family dwelling. The vegetation on the subject parcel primarily consists of non-native grass, with no other landscaping or natural vegetation on site. According to the applicant, introduced bird species such as dove, Japanese White-eye, house finch and myna are common in the surrounding area, as well as domestic animals such as cats, dogs, goats, chickens, rats and feral pigs. According to the Department of Land and Natural Resources Division of Forestry and Wildlife (DOFAW) the Hawaiian Hawk or 'Io (Buteo solitarius) may occur in the project vicinity and their nests might be present during the breeding season from March to September. DOFAW also reported that Hawaiian Hoary Bat or 'Ope'ape'a (Lasiurus cinereus semotus) could potentially occur in the vicinity of the project area and may roost in nearby trees. Bat birthing and pup rearing season spans from June 1st through September 15th. Finally, DOFAW reported that the Hawaiian Goose or Nene (Branta sandvicensis) may also potentially occur in the vicinity of the proposed project site. It is against State law to harm or harass this species. DOFAW has provided guidance on measures to avoid and minimize impacts to the listed species, in addition to guidance on avoiding the spread of invasive species and pathogens. ■ Possible adverse effect or impairment of valued resources: Native plants and/or endangered species are unlikely to be impacted by the proposed development due to the developed and urban nature of the subject property. ■ Feasible actions to protect native Hawaiian rights: No known gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore,no action is necessary to protect these rights. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act Maile David, Council Chair and Members of the County Council County of Hawaii Page 7 May 17, 2022 (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, the request to rezone the property from a Single-Family Residential- 10,000 square feet (RS-10) zoned district to a Village Commercial- 10,000 square feet (CV-10) zoned district would result in an appropriate land use pattern that would further benefit the general public. The accompanying draft bill to amend Section 25-8-25 (Kea`au 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. We are enclosing copies of the Planning Director's Background and Recommendation, and the Power Point presentation. A draft transcript of the hearing will be provided under separate cover. Sincerely, Dean Au(rBay 17,202,z_1_1.54 HST) Dean Au, Chairman Windward Planning Commission UalmerPL-REZ-2022-016"c 1 Enclosures: Planning Department Background Report Planning Department Recommendation PowerPoint Presentation cc letter only via email: Lawrence Palmer Department of Public Works Department of Water Supply Jean K. Campbell Esq., Corporation Counsel BPalmerREZ.4.2.2022 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT LAWRENCE PAL E CHANGE OF ZONE APPLICATION (PL- Z-2022-000016) LAWRENCE PALMERhas submitted an application for a Change of Zone from a Single- Family Residential-10,000 square feet(RS-10) to a Village Commercial-10,000 square feet (CV- 10) zoning district for approximately 11,254 square feet of land. The subject property is located at 16-540 Laukahi Place, approximately 150 feet east of its intersection with Old Volcano Road, Kea`au, Puna, Hawaii, TMK: (3) 1-6-002:082. PROPOSED ACTION 1. Applicant's Request: Change the zoning district from Single-Family Residential-10,000 square feet(RS-10) to a Village Commercial-10,000 square feet(CV-10) zoning district for approximately 11,254 square feet of land. According to the Zoning Code, nine(9) residential units could be constructed on the subject property should the change of zone be approved. 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 I —Zoning Code Requirements for Village Commercial Districts) 2. Proposed Development: The applicant proposes to convert the existing 1,152 square foot single-family dwelling into a commercial space in order to establish a furniture and appliance retail outlet. The applicant's proposed retail outlet will include two (2) showrooms, two (2) bathrooms, a workshop/storage space, and a parking lot with four(4) parking stalls, one (1) of which will be A.D.A. accessible. The applicant is proposing renovations within the existing building footprint to bring the building to code for commercial occupancy and to realign the floor plan to accommodate the proposed showrooms. No additional structures or expansion of the existing building footprint are proposed. 3. Employees and Hours of Operation: The applicant plans to employ two (2)to three (3) people to support the business with intended hours of operation from 9:00 am to 5:00 pm, Tuesday through Saturday. 4. Project Timetable and Cost: The applicant anticipates the project will cost approximately$100,000. The applicant anticipates construction to be completed within two (2) years of being granted the requested Change of Zone. 5. Supportive Information: The applicant has submitted the attached in support of the request(P. D. Exhibit 2—Change of Zone Application dated January 20,2022) 6. Landowners: Lawrence Palmer and Julie Ann Palmer. STATE COUNTY & COMMUNITY PLANS 7. State Land Use District: Urban. 8. General Plan LUPAG Map Designation: Approximately two thirds of the parcel is designated as Low Density Urban, which allows residential use, with ancillary community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre. The western third of the subject parcel is designated as Medium Density Urban, which allows village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential - up to 35 units per acre). 9. County Zoning: Single-Family Residential-10,000 square feet (RS-10). 10. Puna Community Development Plan (PCDP): The PCDP was adopted by Ordinance No. 08-116, which became effective on August 27, 2008. The subject property is situated within the area defined as the Kea`au Regional Town Center in the PCDP. Per the PCDP typical components of a regional town center include"More than 40 tenant spaces for full range of retail and personal services..." -2- 11. Special Management Area (SMA): The subject property is not situated within the SMA and is located over three (3)miles away from the nearest shoreline. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 12. Subject Property: The subject, 11,254 square-foot property is irregular in shape with approximately 162 feet of frontage along Laukahi Place and the topography is fairly level with an approximate 4% slope across the site west to east and an approximate 5% slope across the site south to north. The property is currently improved with a single-story, 1,152 square foot single-family dwelling, permitted, and constructed in 1990, consisting of four(4)bedrooms and 1 '/z bathrooms. The remainder of the property is landscaped with a well-maintained grass lawn with a few small shrubs around the property's eastern boundary. 13. Surrounding Land Uses/Zoning: There is a mixture of residential, commercial, community services, and agricultural uses in the area. Properties directly east and north of the subject property are zoned Single-Family Residential 10,000 square feet (RS-10). A bit further east is the Kea`au Middle School Campus. Properties directly west and south of the subject property are zoned Village Commercial 10,000 square feet (CV-10). Immediately west of the subject property is an operating 7111 convenience store, and immediately south of the subject parcel is the HMSA Medical Facility as well as the Holy Rosary Mission facility. Further west is a cluster of commercial development on lands zoned Village Commercial 10,000 square feet(CV-10). 14. Flood Zone: Zone "X," an area determined by FEMA to be outside the 500-year floodplain. 15. Flora/Fauna Resources: No professional floral or faunal survey was conducted of the property as the subject property has been previously cleared for construction of a single- family dwelling. The vegetation on the subject parcel primarily consists of non-native grass, with a few small shrubs around the property's eastern boundary. According to the applicant, introduced bird species such as dove, Japanese White-eye, house finch and myna are common in the surrounding area, as well as domestic animals such as cats, -3- dogs, goats, chickens, rats and feral pigs. According to the Department of Land and Natural Resources Division of Forestry and Wildlife (DOFAW) the Hawaiian Hawk or 'Io (Buten solitarius) may occur in the project vicinity and their nests might be present during the breeding season from March to September. DOFAW also reported that Hawaiian Hoary Bat or `Ope`ape`a(Lasiurits cinereas semotus) could potentially occur in the vicinity of the project area and may roost in nearby trees. Bat birthing and pup rearing season spans from June 1St through September 15th. Finally, DOFAW reported that the Hawaiian Goose or Nene (Branta sandvicensis) may also potentially occur in the vicinity of the proposed project site. It is against State law to harm or harass this species. DOFAW has provided guidance on measures to avoid and minimize impacts to the listed species, in addition to guidance on avoiding the spread of invasive species and pathogens. Since the property has previously been cleared and developed with a dwelling and due to the urban character of the surrounding area, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the subject parcel. 16. Archaeological/Cultural/Historical Resources: No professional archaeological and cultural study was conducted of the property as the subject property has previously been developed, as has much of the surrounding area. According to the applicant, it is unknown if the subject property or immediate surrounding area was used in the past for the gathering of plants by Native Hawaiians. In the event that legitimate gathering claims are made by Native Hawaiians, the applicant has stated they will provide access to the site for this purpose. IT Public Access: There is no public access to the mountains or the shoreline that traverses the property. 18. Traffic: Section 25-2-46 (d) (1) of the concurrency provision requires a Traffic Impact Analysis Report(TZAR) as part of any rezoning application in situations where the projected use can generate 50 or more peak hour trips. Given the small scale and scope of the proposed project, a TIAR was not performed as the project conforms to the County's concurrency requirements. The applicant anticipates approximately five (5) to ten(10) -4- patrons will visit the proposed project per day which they contend will have little impact on current traffic levels on Laukahi Place. However, should the rezone be granted, the applicant can develop any permitted use in the CV district. Some of these uses could generate a significant amount of traffic, over 50 peak hour trips. UTILITIES AND SERVICES 19. Access: The subject parcel is currently accessed via one(1)paved driveway connection to Laukahi Place, which is a County owned and maintained roadway with an approximately twenty-five(25) foot pavement width within an existing forty(40) foot wide right-of-way. The southern side of Laukahi Place is improved with an approximately eight(8) foot wide sidewalk. Based on the proposed zoning, the Department of Public Works (DPW) recommends that the applicant provide improvements to the subject property's Laukahi Place 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. DPW recommends the improvements to be located within any future road widening setback established by the Planning Department. DPW recommends that all driveway connections and construction meet the requirements of Chapter 22, County Streets, of the Hawai`i County Code. Additionally, DPW recommends that the applicant install any required streetlights or traffic control devices as may be required by the Traffic Division, Department of Public Works, with design, purchase and installation being the responsibility of the applicant. 20. Water: The subject parcel is currently served by the Department of Water Supply (DWS). According to DWS, water can be made available from an existing 8-inch waterline within Laukahi Place which fronts the subject parcel. The DWS has requested that the applicant submit maximum daily water calculations for the proposed development, in order to determine the appropriate size lateral and meter size required for the proposed development, in addition to the water commitment deposit amount to be -5- paid. Additionally, DWS has advised that the proposed use will require installation of a reduced pressure type backflow prevention assembly, within five(5) feet of the meter on private property. If a larger or additional meter is required, a backflow prevention assembly will also be required for that meter. According to DWS,the existing 8-inch waterline within Laukahi Place is inadequate to provide the required 2,000 gallons per minute flow for fire protection, as per the Department's Water System Standards, and the applicant will need to work with the Fire Department to determine any other fire protection requirements or alternatives. 21. Wastewater: According to the Department of Environmental Management, there is no County sewer system in the area. The existing dwelling is currently serviced by an existing cesspool; however,the applicant intends to replace the cesspool with a septic system meeting with the requirements of the State Department of Health. 22. Solid Waste: There are no municipal waste collection services in the County. According to the applicant, solid waste will be handled by commercial haulers, who will dispose of the refuse at authorized landfill sites. 23. Utilities and Services: Electrical,telephone and internet services are available to the property. Police and fire services are available in Kea`au, and medical services are available in Kea`au and Hilo. AGENCY COMMENTS 24. Department of Public Works-Engineering Division: (Planning Department Exhibit 3-February 15, 2022 memo) 25. Department of Water Supply: (Planning Department Exhibit 4-February 11, 2022 letter) 26. Department of Environmental Management: (Planning Department Exhibit 5- February 3, 2022 memo) 27. State Department of Land and Natural Resources-Land and Engineering Division: (Planning Department Exhibit 6-February 24, 2022 memo) 15 -6- 28. State Department of Land and Natural Resources-Division of Forestry and Wildlife: (Planning Department Exhibit 7-March 3, 2022 memo) 29. Fire Department: (Planning Department Exhibit 8-February 9,2022 email) AGENCIES -NO COMMENTS OR CONCERNS 30. Department of health,Police Department APPLICANT'S RESPONSE TO AGENCY COMMENTS 31. Response letter from the applicant: (Planning Department Exhibit 9-April 1 , 2022 Letter) PUBLIC COMMENTS 32. At the time of this writing, no public comments have been received by the Planning Department. -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 Deapli. Exhibit�___� 25-5-121 HAwAN 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 and other similar uses. (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) Telecommunication antennas, as permitted under section 25-4-12. (46) Temporary real estate offices, as permitted under section 25-4-8. (47) Theaters. (48) Utility substations, as permitted under section 25-4-I1. (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 25-5-122 HAWAII COUNTY CODE (c) Residential uses in connection with the operation of 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.) 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, see 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.) 25-110 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 LAND'* 194 Wiwoole St. Hilo, HI 96720 m PLANNING ��� �� (80$) 333-3393 info@landplanninghawaii.com HAWAII LLC January 20, 2022 Mr. Jeffrey Darrow, Deputy Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Submission of Change of Zone Application Applicant: Lawrence Palmer Keaau Puna, Hawaii,TMK• (3) 1-6-002: 082 Transmitted here for your review and processing is the submittal of an application requesting the rezoning of a 11,254 square foot parcel of land from the Residential(RS-10)to the Village Commercial (CV--10) district. The subject property is located at 16-540 Laukahi Place, on the north side of Laukahi Place, approximately 150 feet east of its intersection with Old Volcano Road in Keaau,Puna, Hawaii. If approved, the applicant intends to operate an appliance and fiirniture retail store on the property. The transmittal includes a) the application form; b) a letter of authorization allowing our office to file the application on the landowner's behalf; c) a list of surrounding property owners within three hundred(300) feet of the subject parcel; d) a metes and bounds description of the property; e) departmental questionnaire; and f)background & environmental report, which includes the location and proposed site plan. Further a payment of$500.00 for the County filing fee will be paid via electronic check upon submittal of the application. We trust that everything is in order for your acceptance and processing of this application. If not or if there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, JOHN PIPAN Planning Administrator Enclosures Copy—Lawrence Palmer k l i n x i 3" 2 PLANNING DFP-�RTAJIENT t'I 1c1.11h i i'Ctill i_1tC lk2gi t"[[ 1]lie�l IlL(Iltt?1� 401 Njokauc',i St, Honolulu. 111 96, N A1 7tii! FM 1.F Dl\(�1 ori I i' 1 80 15`�—�� gat A {t�3ls ) c} �s—� �� 2 �N + Ri 1, L. I� v_r cllcc I'all-licl- £k JuI W nn Ptilitic.?.____�_ - P _0-54(11,a k 1) Al F 1.t C I'D ARE -\61 ,P) €'t: RF/0\1 D 1 1 254 sI H'l <lli 1'I'C Clii�';`1 ��� C�v�i . 1 f5 (�� ��rem E -I`f: tt< <C .e`i1t �'tf1tC dl,t`1�f f' ( ', <_# 11 l:= „Ild P I r pplic,it oi' oi'; (Ilii( 45d C 4'_!ii� }}c7�l71i'C l�cIi� r I ,f if-, t Surrounding Property Owners within 300 feet of TMK:(3)1-6-002:082 Parcelld OwnerName OwnerAddress2 OwnerCityStZip 160020010000 STATE OF HAWAII 75 AUPUNI ST.,RM 204 HILO HI 96720 DEPT OF LAND&NATURAL RESOURCES-HI DIVISION 160020390000 FENWICK,EDWARD L 16-790 MILO ST KEAAU HI 96749 160020390000 FENWICK,PATRICIA C 160020400000 TAKITA,ALLEN TOMIO PO BOX 1226 HILO HI 96721 1226 160020400000 TAKITA,DEVAN MAKANA 160020270000 MIYAMOTO,HOWARD If FRANCES K TRST PO BOX 133 KEAAU HI 96749 0133 160020280000 PUNA HONGWANJI MISSION PO BOX 100 KEAAU HI 96749 0100 160020240000 ALONZO,BENJAMIN K M SR 160020240000 ALONZO,CLAREEN 160020240000 KEAAU SERVICE STATION INC PO BOX 335 KEAAU HI 96749 0000 160020250000 ROMAN CATHOLIC CHURCH PO BOX 1550 HONOLULU HI 96806 1550 C/O FHB,AGENT:TRUST REAL ESTATE SVCS 160030590000 STATE OF HAWAII 75 AUPUNI ST.,RM 204 HILO HI 96720 DEPT OF LAND&NATURAL RESOURCES-HI DIVISION 160020070000 HAWAII MEDICAL SERVICE ASSOCIATION PO BOX 3799 HONOLULU HI 96812 3799 160020190000 W H SHIPMAN LTD 16-127 LAPAAU RD KEAAU HI 96749 8166 160020190000 LONGS DRUG STORES CALIFORNIA LLC 160020190000 CVS/HEALTH#6870-02 1 CVS DR WOON50CKET RI 02895 6146 MC 2320 160020780000 MATSUMOTO,IRIS YUKIKO TRST 1717 MOTT SMITH DR 4710 HONOLULU HI 96822 2810 160020780000 MATSUMOTO,TSUNEYOSHI-DEC'D 160020790000 OLSON,THOMAS JUSTIN 16-785 MILO ST KEAAU HI 96749 8124 160020790000 OLSON,PATRICIA LIN 160020800000 KANE,GREGORY K K N 16-789 MILO ST KEAAU HI 96749 KANE,BEVERLY L 160020800000 KANE,BEVERLYL 160020810000 OGAWA,BRIAN Y 1865 KINOOLE ST 4A-1 HILO HI 96720 0000 160020810000 OGAWA,CANDIE L K 160020820000 PALMER,LAWERNCE 401 MOKAUEA ST HONOLULU HI 96819 3228 160020820000 PALMER,JULIE ANN 160020830000 HAWAIIAN TELCOM INC 1177 BISHOP ST STE 52 HONOLULU HI 96813 2808 160020970000 MIYAMOTO,HENRY KAZUKI 16-794 MILO ST KEAAU HI 96749 160020970000 MIYAMOTO,KAREN AIKO 1 Surrounding Property Owners within 300 feet of TMK:(3)1-6-002:082 160020410000 MOTOMURATAKESHI 16-784 MILO ST KEAAU HI 96749 8107 160020060000 W H SHIPMAN LTD 16-127 LAPAAU RD KEAAU HI 96749 8166 160020040000 W H SHIPMAN LTD 16-127 LAPAAU RD KEAAU HI 96749 8166 2 Lot 1182-B 1 hat cert€tilt 1?tlrccl X11 ,I it hei€I I of I 1 82-1 11(o; II tett I.t€nth Court App Iication Iti ,0 ;it ta€uil tit KCi1l1II, I)iS(l-ic1 01'I'M I, 151211111 anti (_otIII ty ot,I Iamv liI, I IamvIif Ill'trt: laa1';lilo���: 1 CL'I;IIl1nL a ' _ 1)1pe- t11t111i1, Flt 111 ' �itlltlt �tlrttt't'i l�tlllti p'iI 'CI i+i Lind tllltl IIiC St_�lltlltt 5ttfil �1t`i1C€ U1 I_t)t 1 16 N Nap 34) tit the IItirt 1bottlt(lary of 1.itikathi H,ice. t I,ot 1 1 th, '�1a11 3 l). i�-€f)� vv Itic)_ the c,���n1111atC tirlkl Point + I �2l[11111t I I r3cc1 toC1€�1ertl)M Ili �Stlt�vC\ tCltil+2U1,lt oil �)tttt1(111 �iltl�l" 10117,) i5_�3XO� (4) CCG[ I]ortll �,Illd 0 1`7189 1eCt e li t alld 1'tllttilll`, ba/tilltlth )nCty a red Lltvck\\lye; 1t'0111 trUC ` O(Ith: 1i _ I C}�"� ! t)tl" _�'.t�C tt. alma " .-.;ala�r0»-tts 114run�lar�, (,! t.Muknlll 1 146, flap 34) to a ," Ripe. ,et, tllencc; 10,)`01'30" 1 t)<),87 ft. alollut SaIIle_ to tht: south corner(i1,1,(it I I \hp 3 1}. to a Ripe- kitind, thence: X4`27-00- t7f. a I o II L" 11)C C 1 I"I htitlndaI-~ ctt saIJ Lo I t , to iIIC \ual Ctaltt l tit 1.i'+[ I i 2- A. (Map "4), it7 4t Ma,.! wli1, ticl. th;nce: 4. -18 '-It}°tt0 108.E ttaIi111 tIIe >o"I I I I hoIIitilary«1 >t11(1 Lot 1 I S_`-A, to t11e tvC h.aun(Irir. 0 I lit to a calctllaletl po} iti:)€l in alt 18" tice, dIC11ee_ k `-10,01;t15�) �` fi aIon'-t snId tvC,t I?i)1_1IKldl'1of I_ct 118 to the I'1.liltt 1�t(3<<rinllillj I'tl k�,ln all Wll�°t 1.11 I !?> # sal- t . IlwI e oI It'ss, L USED HIP, prc•p'lrc+_1 hw �SK1L . 1�i4 +z1. kankl.:1'a��_ clilc:at,'+n �ilb & Associates tl l�alliel ,I¢1-49-7 o 1 18 2-B.doi: P 17 December 2021 Zoho Sign Document ID:ML7043H6071DV8P--BNRXKPEYQZALOL017UZEXPENMY 'C',1 .�t, i? ] �1 .'C ` t�; •,t, �'li:r' No r Iis i r/ M fl No lb No ' Na <� ? Yes Zoho Sign Document ID:ML7Q43H6Q71DV8P--BNRXKPEYOZALOL017UZEXPENMY .j + j�q _D L I r P' t L 1 , The applicant intends to convert an existing single-family dwelling on the subject property into a Di retail outlet and has a conceptual site and floor plan of the layout, but no building plans. The applicant intends to begin permitting and construction immediately after securing rezoning approval and anticipates the permitting and construction phase to last appoximately 2 years and cost approximately $100,000. Yes The Applicant has informally noted the need for the proposed use in conjunction with the previous operation of his business in other locations in Hilo and Kona. Zoho Sign Document ID:ML7043H6071DV8P--BNRXKPEYOZALOLQ1 7UZEXPENMY -j', t rpr— No J-1 1 r 7 iJ Yes A single-family dwelling 4-, U4- -4 L A' I Convert it to a retail outlet No Zoho Sign Document ID:ML7Q43H6071DV8P--BNRXKPEYOZALOL017UZEXPENMY No �J No Yes f 7 UQ) Y. x x x L x x X x Zoho Sign Document ID:ML7043H6Q7IDV8P--BNRXKPEYOZALOLQI7UZEXPENMY IF i! in �,1 .E a ; , ; 7F�:iT, �.,.i :ail �``v �t L��:�, .� 1� "': !_1. �•'�' ,i'���. I�,-r l' No 194 Wiwoole St,Hilo, HI 96720 808-333-3393 _, Jan l l 2022 COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (RS-10 to CV-10) LAWRENCE PALE A`AU,PUNA, HAWAII TMK: (3) 1-6-002: 082 Contents l. INTRODUCTION..... ................ -- ............... ..................................... .......................... 4 IL PROJECT LOCATION.........--................................................ ...----..........................4 DI. PROJECT DESCRIPTION.................... --........................................................... ........... 4 A. Project Concept and ----------------------------4 B. Project Timetable and Comt— ...................... ................................................................... 9 I\/ INSTITUTIONAL CONSIDERATIONS ........ .................................................................. 9 A. StutoLuudl]ue -------------------------------------' g B. County General Plan....................... ............ ................................................ ................. 9 C. Puna Community Development Plan...... ............................... -------............--, 9 ` [)� ------------------------------------- l4 E. Relationship{oSMA Objectives and Policies ......—...................................................... l4 E Other Permitting -----------------------------. l7 V. ENVIRONMENTAL CONSIDERATIONS ----------------------- l7 A. General Description........................................................................................................ l7 B. Soils and Topography---------------------------------' l7 C. Natural Hazards...... ....................................................................................................... l9 D. Flora/Fauna..................................................................................................................... l9 E. Resources.................................................................. 2l F. \/uk/edCuknrulRcsoucoco -------------------------------- 2l G. Water and Coastal Resources.......... ..... ............. .................... .......... ............ ........... 2[ IL No]se, Air Quality and Dust............ .................................. ..................— .................... 2l l Scenic and Visual Considerations----------------------------'22 V[. Snoio| and Related Considerations ZZ A. Surrounding Land Uses..............................—.............................................. ................22 B. Economic Impacts.......................... ...............................................................................23 C� Agricultural Impacts............................................................................................ ..........23 \7O. Infrastructural Considerations....................... ................................................— ...............23 A. Road......................................... ..... .................................... ........................... ...........23 W. Water...............— .................................. ....................-- ......................... ............. .... 23 C. Wastewater................................. .................---... ............................................ --... 24 D. Solid Waste .......................................................... ......................................................... 24 E. Other Government Services .... ..................................... --........................................ 24 P� Other LTh\idca...... ....... .......... ------- ..............------............. ------- 24 Z , V111. Impact Significance Analysis......................................................................................... 24 A. Relationship Between Local Short-Tenn Uses of Environment and Maintenance and Enhancement of Long-Term Productivity......................... ...................................................... 24 B. Irreversible and Irretrievable Commitment of Resources.............................................. 24 C. Mitigative Measures.......................................................................................................25 D. Alternatives to the Proposed Project.............................................................................. 26 IX. Regulatory Analysis........... ....... ............................ ............ ...... ................. .......26 A. General Plan LUPAG Map .................................................................. ...... ............ .....26 B. General Plan Policies ..... ............................................................................................... 26 C. Puna Community Development Plan............................................................................. 30 D. Zoning and Subdivision........................................ ................................................... 30 E. Conformance to Urban District Standards............................................. ....................... 30 X. Conclusion...... ........................................................................................................... 30 Figures 1. Rezoning Exhibit Map..............................................................................5 2. TMK Map.......................... ................................................... 3. Floor Plan.......................................................................... ................7 4. Site Plan.................................... ............... ........................................8 5. State Land Use Map............................................ .............. ...................10 6. LUPAG Map.......................................................................................11 7. Kcaau Town Center Map........... ...... ..................... ......... ........... ...12 8. Zoning Map.........................................................................................15 9. Neighborhood Aerial Map........................................................................18 10. Flood Map............ ................................................._...._20 3 INTRODUCTION Lawrence Palmer, ("applicant") is requesting to rezone a 11,254 square foot parcel of land identified as TMK: (3) 1-6-002:082 from Single-Family Residential RS-10 to Commercial Village CV-10 (Figure 1). The subject property is located a short distance from the Keaau-Pdhoa Road,proximate to several commercial complexes in Keaau. If approved, the applicant intends to build an appliance and furniture retail store. II. PROJECT LOCATION The subject site consists of 11,254 square feet of land and is identified by TMK: (3) 1-6- 002:082. It is located at 16-540 Laukahi Place, on the north side of Laukahi Place, approximately 150 feet east of its intersection with Old Volcano Road in Keaau (Figure 2). The property is approximately 200 feet west of the northern entrance to Keaau Middle School, sits directly east of the Keaau 7-Eleven and is across the street from the Hawaii Medical Service Association Administrative building. III. PROJECT DESCRIPTION A. Project Concept and Components The subject site consists of 11,254 square feet and contains a 1,152 square foot single- family dwelling. The dwelling was constructed in 1990 under Building Permit No. 900991 and consists of four bedrooms and one and a half bathrooms. The applicant is the owner of Ross Appliance and Furniture, a retail outlet based out of Oahu which has been in business since 1975 and already has an established client base in Hawaii County. As the population of Puna continues to rise and new homes continue to be built, the residents of Puna have a greater need for home appliances and furniture and so the applicant wishes to open a new retail outlet in Puna. Thus, he is requesting a change of zone for the subject property from RS-10 to CV-10 in order to convert the existing dwelling on the property into a commercial furniture and appliance retail outlet. The proposed retail outlet will include two show rooms, two bathrooms and a workshop/storage space (Figure 3). The store will be accessed from Laukahi Place, off of Old Volcano Road. There will be four(4) parking stalls, one of which will be ADA compliant(Figure 4). With the exception of some minor alterations to the existing driveway to accommodate the additional parking, all construction work will be contained within the original footprint of the existing building. Renovations within the building will be designed to bring the building to code for commercial occupancy and to realign the floor plan to accommodate the showrooms. No additional structures are proposed. The subject parcel is currently served by the Department of Water Supply and the water demand from the proposed use is expected to be substantially similar to residential use. 4 23 i I LOT 1147(MAP 34) 7MK(3)1-6-002: 024 S TON o Owner: Benjamin Al-- SR. m.Zo .. E WALL "z 0 84'27'00" 42.75'n A O j r� D O n a c GOOF fqV .p cw 2 W alb \ C. c o o � 0 JAZ m° 2 � � �f EqVS \\h' O 3 c m o v 160 8CI i^m 0 do 31N3j pp.p�• m z o� D co o � � o r0 z m co m — o - 9 14% r D �OCCgNO H{y 70 HILO E o ? A VII ,On 0-N0 i n NdL v m g�•o m .6'6dd3� S in - sa N° In u M m oN t o N ...__... � O v m i ' 9 - N a x r \ { c =n` am ;q Ali yo; WIT — 3 zd Q I I:I N- , R ' M1 A LJ d O O A i E:]L- 17, I� 1EJo i >l 'RD i 6-0 111 VI+ LAND i HAWAII L L l w� � p , Z A r3 a i / f / / F—i I � I ! M�M I : LAND' PLANNING ® HAWAII LLC � o The applicant intends to employ a staff of 2-3 people to support the business and once completed, the applicant expects 5-10 patrons to the site per day. The hours of operation would be from 9:00 AM to 5:00 PM on Tuesday thru Saturday. Should the change of zone be granted, the Applicant will immediately begin working towards compliance with all conditions and permitting of the dwelling as a commercial outlet. B. Project Timetable and Cost The applicant hopes to secure the change of zone as soon as possible and begin permitting and construction immediately thereafter. Construction is estimated to be completed within 2 years of approval. The estimated cost of the improvements is $100,000. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The State Land Use designation of the entire site is Urban (Figure 5). As such no State Land Use boundary amendment action is required, the County of Hawaii can process the change of zone request. B. Countv General Plan The County General Plan Land Use Pattern Allocation Guide (LUPAG) designates the property as split between Low Density Urban and Medium Density Urban (Figure 6). The Low Density Urban designation allows for residential use, with ancillary community and public uses, and neighborhood and convenience-type commercial uses while the Medium Density Urban designation allows for village and neighborhood commercial use and single family and multiple family residential and related functions. The proposed appliance and furniture retail outlet would be consistent with both the Medium Density Urban and Low Density Urban designations as it will provide neighborhood, convenience type uses as well as larger village and neighborhood commercial use. As such, no General Plan amendment would be required to effectuate this project. C. Puna Community Development Pian The Puna Community Development Plan (PCDP) attempts to further define the General Plan and serves as a glLiL for decision-makers. The subject property is located within the Keaau Regional Town Center as identified in the PCDP (Figure 7). This area is intended to include commercial developments that serve regional uses and to house a full range of retail and personal services. This rezoning request is in general alignment with the following goals, objectives and actions of the PCDP: 9 n c= CL Le (77 hi m 4� —1 p7 l7 1 • u1 a � _= ,1 m COOO SIR 7 OLy = Y • 2: • z t C — S r u , n G7 � - • 'j. IT iii 11 J `J -77, :ij CD QJ ITI C-71 > Ll rTl tz) z 0 7- 1'i;;ure 5-1 : lk-ea'aitj Reuional omi Center rr _ -- - � ♦# i0 A �* 41 i of 41 • #`•r. SUBJECT SITE s , �'(tstlt7lll,ji\_ t ' r �,ov..II Con- 7"�III71i, G 'I, lit,', -. `•'•�,111 �...f 1 � r I.IIIu�otYi,.f YIIIQ i FIGURE 7 Managing Growth Section 3.LI Goals (b)— The quality of life improves and economic opportunity expands for Puna's residents. Approval of the requested CV-10 zoning would provide expanded economic opportunity by allowing the applicant to establish an appliance and furniture store on the subject property. This establishment would generate local jobs while also providing short-term employment stemming from the construction work required for the commercial improvements. Additionally, the request would improve quality of life for local residents by providing a unique retail outlet to assist in meeting the needs of the rapidly growing Keaau and Puna community. Section 3.LI Goals (c) —Services and community facilities are more accessible in villageltown centers that are distributed throughout the region, including the underserved subdivisions that have been experiencing higher levels of development growth. The subject request is located within the Keaau Regional Town Center and is thus in an ideal location with regard to accessibility to the region. It is conveniently located between Hawaii Belt Road and the Keaau Pahoa Bypass Road,providing easy access from many of Puna's underserved and rapidly growing subdivisions. Section 3.1.1 Goals (e)—Inappropriate and disproportionate County zoning can be adjusted in order to maintain and increase the quality of life and to preserve valued natural and cultural resources in the district. There is currently a very limited supply of available commercially zoned parcels of a similar size in the area. The request to rezone the subject parcel would increase quality of life by providing opportunity to a small business owner, encouraging job creation and providing the addition of a unique retail outlet in the area. Section 3.LI Objectives (c) —Enhance the role of existing and new villageltown centers by allowing expanded commercial zrses,facilitating the development of harmers markets and community gathering places, opportunities for special needs housing, and infrastructure to support more compact development from and multi- modal travel. The proposed project would enhance the Keaau Regional Town Center through its expanded commercial use in an area that is already largely surrounded by other commercial uses. Section 3.1.3 Actions (b)—Establish the following general classifications and locations for village and town centers in Puna: 1)Keaau, Pahoa, and Hawaiian Paradise Park shall serve as Regional Town Centers to provide a wide range of services ill the Puna dist-Ici... 13 The proposed action would allow for the creation of a unique retail outlet in the Keaau Regional Town Center, thus widening the range of services provided. Section 3.1.3 Actions (c) —Facilitate land use entitlements and other tools for the development of existing and future village/town centers and special design districts by: 1)Recommending approval of applications for commercial zoning or use permits far existing commercial uses in designated villageltown centers that do not presently have appropriate entitlements, and for proposed uses at appropriate nearby locations,provided that the size and use of the expansion area conforms to the criteria applicable to the type of village/town center at that location... Approval of the proposed application would allow the appropriate entitlements for the property to be used commercially. This request conforms to the criteria of the Keaau Regional Town Center and is appropriate given that the property is directly adjacent to other commercially zoned properties and uses. D. County Zoning The current County zoning of the subject property is RS-10. As noted above, the LUPAG map show a mixed designation of the property as Low Density Urban and Medium Density Urban which is consistent with the requested CV-10 zoning. Properties directly west, northwest, southwest and south of the subject property are zoned CV-10, while properties directly north, northeast and southeast of the subject property are zoned RS-I0, with the exception of a 10.6-acre parcel to the east of the property which is zoned RS-15 and is the site of the Keaau Middle School(Figure S). The applicant is requesting to change the current zoning of the property from RS-10 to CV- 10. If approved, the applicant will begin the process of developing the property in a manner meeting the Zoning Code. All uses and standards consistent with the requested CV I0 zoning would be adhered to. E. Relationship to SMA Objectives and Policies The subject site is approximately four(4)miles from the coastline and is outside the County Special Management Area(SMA). Thus, no SMA Use Permit is required. However, as the entire island falls within the Coastal Zone Management(CZM) area, a discussion of the request in relationship to the CZM Program follows. The site is not adjacent to the ocean; it sits approximately four(4) miles from the shoreline at an elevation of approximately 325 feet. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources, nor have any impacts on beach protection. The likelihood of this request having any impacts on the area's historic resources is not high as there are no known archaeological sites on the property. The parcel has been developed 14 _� �' r.:� _r _; �; �;, — °;y �� c� n; ;; r�; -, �•, r=, ,:, ;,, —,a -n T. )" 6` is " n _ r+ .0 _ `? ;T: _p = yi w D ��" t _ f .l y � a • N O �_ G� � Z _ � G� _: M� � a `" I� �° m � ,.b (� _ � S ,r t �e T b_ S_ _ k b :. `{'' - � _ h, s I � - - G _ ��v _ tJ1 � rc. 'r � - • • � _ '' �u _ .. c is -.p � �r an .S 'u,� ry C .c -- rt, ,. _ _.. _, �: eZ. > �� f N J � and used for residential purposes for many years. However, in the event any archaeological undocumented features are found during any earth disturbance activity,work will stop within the affected area and appropriate clearances from the State DLNR-SHPD and County Planning Department will be secured before work resumes. If needed, an archaeological monitoring program can be instituted during any land clearing activity. The proposed rezone would not cause significant impacts to the area's scenic and open space resources as the development plans to use the existing dwelling on the parcel for its commercial activity. Any improvements to the dwelling necessary for the proposed commercial use will remain within the existing footprint. Associated improvements to the property would include driveway,parking and landscaping improvements which should pose no impact to scenic or open space resources. Further, no additional structures are planned and thus the project should not visually affect any scenic views of the adjacent properties. Relative to the Coastal Ecosystems, impacts should be negligible, if at all. As mentioned above, the site is located approximately four(4) miles from the ocean. Notwithstanding the distance, because the proposed rezone does not include disturbance to the land for the purpose of constructing any new structures, impacts should be negligible. Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned CV-10 and the requested use and design/parameters (parking, height, setback, etc.) would be consistent with said zoning. In that regard, the project would be consistent with this policy. Further,the proposed action could aid the general economy and the overall economic use of this site and the surrounding area by stimulating further potential for small business development. Finally, in terns of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will become public through the posting of a sign on the property, as well as sending two (2)notices to surrounding property owners—one at the time the application is filed and one prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives,policies and guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating to Special Management Area. 16 F. Other Permitting Requirements Additional permits may be required. Other permits would be of the "ministerial"variety, such as building permits, etc. As needed, these permits will be obtained in accordance with county codes. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The parcel is generally triangular in shape and is accessed via Laukahi Place, which is a County owned and maintained roadway. Laukahi Place serves as the sole access road for the subject parcel and the Roman Catholic Church. It also serves as secondary access to the adjacent 76 Gas Station/7-El even, Keaau Middle School and the HMSA Administrative offices. The subject site is the only property with access off of Laukahi Place for residential purposes (Figure 9). The site is situated at approximately 325-feet elevation and has a reasonably flat terrain. There does not appear to be any topographic constraints for future development, improvements, and utilization. The property is located within the Keaau Regional Town Center(Figure 7). The surrounding properties range in size from approximately 10,000 square feet to 10 +acres. Nearby properties are a mixture of commercial establishments (i.e. gas stations, convenience stores, offices, churches, grocery stores, pharmacies,banks),public services (Le Keaau Middle School, Keaau Public Library, Keaau Urgent Care, Hawaiian Telcom) and single-family dwellings. The parcel immediately east of the subject site contains a single-family dwelling; however, that dwelling fronts Milo Street and the portion of that parcel which is adjacent to the subject property is densely vegetated, providing a buffer on the Keaau Middle School side of the property. The annual median rainfall for this area is approximately 140 inches. The average daily temperature ranges from a minimum of 64 degrees to a maximum of 80 degrees Fahrenheit. Wind patterns are generally dominated by easterly trade winds with some periods of southerly winds associated with stones. B. Soils and Topo2raphy The subject property has a State Land Use classification of Urban and the soil has not been rated by the Natural Resource Conservation Service's Land Study Bureau. The soil on the subject site is classified as Panaewa very eobbly hydrous loam vvith 2 to l0 percent slopes. It consists of ash fields on pahoehoe lava flows and is considered moderately well drained with a high runoff class. The soil on site is not considered prime farmland. 17 E ti jl' � " � w I/ V A-7.7, r r. v r.. m 9- F _ _ O• 1 _ .Yli::. �_yap+,' According to the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system,the site is unclassified. As noted earlier, the topography of site is fairly flat and will not restrict the proposed use of the subject property. C. Natural Hazards 1. Drainage The Federal Emergency Management Agency(FEMA)Flood Insurance Rate map (FIRM) identifies the project area as Zone"X" (areas outside of the 500-year flood) (Figure 10). There are no identified existing drainage ways on the site. The applicant has not observed any significant runoff or erosion in the recent past on the subject site. 2. Volcanic,Earthquake and Tsunami Hazards According to the United States Geological Survey maps, the project site is located within Lava Flow Hazard Zone 3, on a scale of ascending risks with 9 being the lowest and 1 being the highest. The Building Code designates the entire Island of Hawaii Earthquake Zone "D" and contains certain structural requirements to address the relative seismic hazard. All structures would have to comply with this standard. 3. Tsunami Hazard As the site is located approximately four(4) miles from the coast and sits at 325 feet elevation, it is located outside of the Civil Defense's Tsunami Evacuation Zone. D. Flora/Fauna Although there was no professional survey of the floral and faunal resources of the site, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found on the site. Further, the suburban nature of the surrounding areas would make it less likely to find endangered animal Life in this area. It would be possible to find the Island-wide ranging Hawaiian Hawk(`Io), Hawaiian Owl (Paseo), Hawaiian Goose (Nene), and the Hawaiian Hoary Bat on site, however this is not their main habitat and it is unlikely that the proposed request would impact endangered animal life. The vegetation at the parcel is mainly well-maintained grass. There appears to be no other landscaped or natural vegetation on site. In addition, introduced bird species such as dove, Japanese White-eye, house finch and myna are common in the area. Domestic animals such as cats, dogs, goats, chickens and other animals such as rats and feral pigs are also common and are not considered endangered. 19 i� l BASEMAP: FIRM BASEMAP FLOOD HAZARD ASSESSMENT TOOL Flood Hazard Assessment Report (Note:legend does not correspond with NFHL) %i wWw.hawaiinflp•Or9 SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY i � THE 1%ANNUAL CHANCE FLOOD -The 1%annual chance Flood(100- , dei, year),also know as the base Flood,is the flood that has a 1%chance of being equaled or exceeded in any given year.SFHAs include Zone A,AE, AH,A0,V, and VE.The Base Flood Elevation (BFE)is the water surface elevation of the 1% annual chance flood. Mandatory flood insurance Property Information Notes: purchase applies in these zones: COUN`Y: HAWAII Zone A:No BFE determined. TMK NO: (3)1-6-002:082 Zone AE:BFE determined. WATERSHED: KAAHAKINI PARCEL ADDRESS: ADDRESS NOT DETERMINED Zone e Rood depths of 1 to 3 feet(usually areas of ponding); BFE determined. KEAAU,HI 96749 - Zone A0: Flood depths of 1 to 3 feet (usually sheet flow on Flood Hazard Information sloping terrain);average depths determined. FIRM INDEX DATE: SEPTEMBER 29,2017 Zone V:Coastal flood zone with velocity hazard(wave action); LETTER OF MAP CHANGE(S): NONE no BFE determined. FEMA FIRM PANEL: 1551661175F Zone VE:Coastal Flood zone with velocity hazard('Nave action); BFE detenrined. PANEL EFFECTIVE DATE: SEPTEMBER 29,2017 Zone AEF: Floodway areas in Zone AE. The floodway is the channel of stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1% annual chance Flood can be carried without increasing the BFE. NON-SPECIAL FLOOD HAZARD AREA-Ar area In a low-to-moderate risk THIS PROPERTY IS WITHIN ATSUNAMI EVACUTION ZONE NO flood zone.No mandatory flood insurance purchase requiremerts apply. FOR MORE INFO,VISIT:http://www.scd.hawaii.gov/ but coverage is available in participating communities. THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO Zone X5(X shaded):Areas of 0.2%annual chance flood;areas of FOR MORE INFO,V151T:http://dlnreng.hawaii.gov/dam/ 1%annual chance flood with average depths of less than 1 foot or with drainage areas less than i square mile; and areas protected by levees from J%%annual chance Flood. Zone X:Areas detFrmir.e.d to h,outsid=_the 0.2°5 annual chance 0 20 40 ft floodplain. Disclaimer The Hawoi;Department of Lord and Natural Resources(DLNR;assumes no responsibility arising from OTHER FLOOD AREAS the use, accuracy, completeness, and timeliness of any information contained in tars report. Viewers/Users are responsible for verifying the accuracy of the information and agree to indemnify the DLNR,its officers,and employ- ees from any liability which may arise from its use of its data orinformotion. Zone D: Unstudied areas where flood hazards are undeter- KA mined, but flooding is possible. No mandatory flood insurance If this map has been identified as'PRELIMINARY',please note that it is being provided Jar informational purposes purchase apply,but coverage is available in participating commu- and is not to be used for flood insurance rating.Contact your county floodplain manager for flood zone determina- nities. tions to be used for compliance with local floodplain management regulations. FIGURE 10 As such, it is unlikely that this request would cause any adverse floral or faunal impacts. E. Historic/Cultural/Archaeological Resources Although there was no archaeological survey of the site, it is unlikely that archaeological resources will be encountered as the parcel has been developed and used for residential purposes for many years. The applicant is not seeking any development outside of the envelope of the existing building aside from parking and landscaping improvements. However, in the event undiscovered archeological remains are found, any work in the immediate area would cease and would only resume after proper clearances from the State and/or County have been received. F. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "DASH" and "Ka Pa`akai O Ka Aina" decisions,the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion on the cultural, historical and natural resources, as well as the associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by Native Hawaiians. The applicant has not observed any Native Hawaiians gathering plants on the site or the adjoining properties. Thus, it would appear unlikely that the site would serve such purpose today. In the event that legitimate gathering claims are made by Native Hawaiians, the applicant intends to respect and honor such claims and provide the legal and needed access within the site. Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area. G. Water and Coastal Resources The subject site is located approximately d miles from the coastline and sits at approximately 325 feet elevation. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significant. Further, being a non-coastal property,no coastal access will be affected. H. Noise, Air Quality and Dust The proposed rezone and commercial operation should generate little-to-no direct long- term noise or air quality impacts. The applicant's intention is to convert the existing duelling to an appliance and furniture retail outlet. The business operations would be fairly quiet in nature and the store would operate during daytime hours only, from 9:00 21 AM to 5:00 PM on Tuesday thru Saturday. Although the zoning of the property will change from Residential to Village Commercial, long-term effects to noise, air quality and dust should remain relatively the same as they are at current levels given that many of the adjacent properties are also zoned Village Commercial and the subject site is currently the only property with access off of Laukahi Place for residential purposes. The only discernible long-term air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality,the impact should not be significant. Especially considering higher EPA standards for automobile air emissions, the air quality impact should be negligible and relatively the same, or less, than the air-quality impact of surrounding land uses on Laukahi Place. There may, however, be short-term noise and dust impacts associated with the construction of improvements required to change the use of the existing dwelling to commercial occupancy. In that event, contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. I. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The Royal Palms fronting Keaau Intermediate School are among the sites listed. The proposed project does not impact any views of the Royal Palms and should thus have no effect on this scenic resource= VI. Social and Related Considerations A. Surrounding Land Uses The subject property is located on Laukahi Place, within the Keaau Regional Town Center as identified in the PCDP (Figure 7). This area is intended to serve residents of the Keaau connnunity while also providing region-serving facilities. It is a concentrated area of mixed use,higher density residential, retail, commercial employment, and/or regional one-of-a-kind facilities.Nearby properties are a mixture of commercial establishments (i.e. gas stations, convenience stores, grocery stores, pharmacies, churches, banks), public services (Le Keaau Middle School, Keaau Public/School Library, Keaau Urgent Care) and single-family dwellings. The subject property is the only residentially operated parcel with access off of Laukahi Place. Other properties which use Laukahi Place for access include the adjacent 76 Gas Station/7-Eleven, the HMSA Administrative offices, the Roman Catholic Church and Keaau Middle School. Aside from one single-family dwelling directly to the northeast which takes access from Milo Street, the subject site is surrounded by commercial uses (Figure 9). 22 The surrounding properties range from approximately 10,000 square feet to 10+acres in size.Properties to the northwest, west, southwest and south are zoned CV-10 and properties to the northeast, east and southeast are zoned RS-10 (Figure 8). B. Economic Impacts The requested rezoning would have some measure of economic impact, as it would make the operation of the proposed small-business retail outlet possible. This would provide more employment opportunities and additional retail options for area residents. The project will also support local construction jobs and purchases from local suppliers. C. Agricultural Imp acts The subject site has a State Land Use designation of Urban, a mixed LUPAG designation of Low and Medium Density Urban and has not had any recent agricultural activity. The lot size and soil quality make it unsuited to commercial agriculture. Therefore, the requested village commercial zoning is consistent with the overall land use designation and other zonings in the adjacent area. VII. Infrastructural Considerations A. Road Access to the property is from Laukahi Place, approximately 150 feet west of its intersection with Old Volcano Road in Keaau center. This is a County owned and maintained road in good condition and with a 30-foot pavement width. Although no formal traffic study was done, the proposed use will result in far fewer than 50 trips per day. The applicant anticipates approximately 5-10 patrons will visit the store per day. Thus traffic generated by this use is within the capability of the existing road. According to the Institute of Transportation Engineers (ITE) Common Trip Generation Manual, 10th Edition, furniture store (ITE Land Use Code 890) use generates 0.52 PM peak hour trips,11,000 square feet of gross floor area. For this proposed use, that equates to 0.6 peak hour trips for the proposed 1,152 square feet of gross floor area of the retail store. The applicant anticipates that an average of 10 patrons will visit the site on a normal day. This represents a negligible increase to current traffic levels in the area. Further, the retail outlet will provide Puna residents a more convenient option for furniture services nearby, without the need to travel to Hilo. In a small way these trips removed from Hilo may help to ease the congested, over-capacity conditions of the Keaau to Hilo stretch of Highway 19. B. Water The subject parcel is currently served by the Department of Water Supply and the water demand from the proposed use is expected to be substantially similar to residential use. 23 C. Wastewater There is no County wastewater system serving the property. The existing dwelling is currently serviced by an existing cesspool which the Applicant intends to convert to a new Individual Wastewater System meeting the approval of the Department of health if required. D. Solid Waste Solid waste will be handled through commercial haulers or the applicant into authorized landfill sites. With the requested use as an appliance and furniture retail outlet the potential for uses with toxic or related chemical waste would be minimal. E. Other Government Services As this property is a part of the Keaau Regional Town Center, no extension of government services would be required. There is a Fire Station, Police Station, and medical clinic all located within a quarter mile of the subject site. As such, the project should not result in the extension of any government services. F. Other Utilities All other utilities such as telephone and electrical services are available to the site. Additionally, a gas station is directly adjacent to the site. VIII. Impact Significance Analysis A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Lone-Term Productivity If the request were denied, the property would remain residential and the use of the property would be restricted to those uses permitted within residential zoning. The landowner would not be permitted to operate his business on the property. While the residential use of this property would serve a purpose, given the location of the property within the Keaau Regional Town Center, its proximity to other CV-10 zoning, it's partial Medium Density Urban LUPAG designation and the uses of the other properties on Laukahi Place, residential use is not the highest and best use of the property nor does it provide the greatest enhancement of long-term productivity. B. Irreversible and Irretrievable Commitment of Resources As the site has been previously developed, it is not likely that the change of use would result in an irreversible commitment of natural, cultural or archaeological resources. 24 The site has a State Land Use designation of Urban and thus the soil on the parcel is unclassified by the Land Study Bureau. There will be some unavoidable impacts involved with the construction of necessary improvements to the property. However, no additional structures are being proposed and all improvements to the current structure will be contained within its existing footprint. Other improvements will be minimal and relate only to parking and landscaping. Thus, visual impacts, from surrounding properties will not change with the proposed action. There will be no visual impacts regarding the coastline. With respect to cultural and archaeological resources, an archaeological study has not been done for the subject site. However, no historic sites have been identified on the subject property and the property has been developed for residential use for many years and so any archaeological finds would be unlikely. Further no land clearing and only minimal ground disturbance is proposed by the project. Even so, an archaeological monitoring plan can be prepared and implemented in conjunction with further land clearing activity if needed. Additionally, in the event undiscovered archeological remains are found any work would cease and would only resume after proper clearances from the State and/or County have been received. Further, if legitimate claims for gathering are made, they can be accommodated; usually, this would be for coastal access and the project is not adjacent to the coastline. Additionally, there are no structures being proposed within the conservation zone district. In terms of coastal water impacts, there should be little, if any, adverse impacts as the property is located approximately four(4) miles from the coastline. Wastewater will be handled by a new Individual Wastewater System built to Department of Health standards if required. All runoff generated by site impervious surfaces will be disposed of on site with existing drywells. C. Mitigative Measures The applicant intends to make improvements if required, generally consistent with the development process. Contractors will be obligated to comply with appropriate State noise and air quality standards during any construction activity. Should unanticipated archaeological finds be discovered in conjunction with any further development of the site, work will stop immediately and clearance will be secured before work is resumed. Finally, there will be no person or businesses to be dislocated by this project. 25 D. Alternatives to the Proposed Project 1. No Project Under this status quo alternative, the site would remain in its present residential condition with RS-10 zoning. The applicant would not be able to operate a retail outlet on the property and thus economic development and employment opportunities would not be realized and the site would not be utilized to its fullest land use potential, as outlined in the County General Plan. Given the use of the surrounding area, no other zoning district besides CV-10 would be practical. 3. Evaluation of Alternatives The project's impacts to the area's social and physical infrastructure would not be pronounced. Certain mitigative measures would be taken to address any possible impacts associated with the development of this project. Further, the project is consistent with the land use objectives sought to be accomplished by the County General Plan and the PCDP. In view of the aforementioned, it would appear that the requested CV-10 zoning would be the more prudent and beneficial than the existing RS-10. IX. Regulatory Analysis A. General Plan LUPAG Map The General Plan provides for the long-range comprehensive development of the Island of Hawai'i. It provides direction for balanced growth in the County. The LUPAG map designates the site Medium Density Urban and Low Density Urban. This designation allows the proposed CV-10 zoning without a General Plan amendment. B. General Plan Policies The requested zoning would be consistent with the goals, policies, and standards of the General Plan document. Regarding the Economic Elements of the General Plan, the proposed rezoning is consistent with the following goals and policies: • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social, and cultural environments of the island of Hawaii. 26 • Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. • Provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. • Strive for an economic climate which provides its residents an opportunity for choice of occupation. • Strive for full employment • Support all levels of educational, employment and training opportunities and institutions. • Identify the needs of the business community and take actions that are necessary to improve the business climate. Discussion The request would provide economic opportunities by increasing employment options and through the constriction of any improvements required by the change of use. It would also provide an opportunity for an established entrepreneur to extend his business to the Puna community with a retail outlet that would be unique in the area. Further, the property is located with the Keaau Regional Town Center, adjacent to other Village Commercial zoned properties and small business establishments and thus the requested zoning would be in balance with the surrounding area. The project intends to be energy conscious through the use and/or encouragement of energy efficient design features and recycled products. Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns - air pollution, water quality, soil pollution, solid waste disposal, and noise pollution. As proposed, the project would not violate any of those objectives. Aside from the very limited vehicular transmission, air pollution associated with the project should be negligible. All wastewater will be handled via the construction of a new Individual Wastewater System meeting with the standards of the Department of Health. This should be sufficient to address any potential groundwater or coastal water impacts. With regard to solid waste, the applicant intends to sell mattresses from his "Green Bed Company"which refurbishes mattresses at his factory on Oahu for resale, recycling the products rather than discarding them to the landfill. Additionally, if required, a solid waste management plan could be prepared and implemented for the business. The project will also be minimal in noise, except what may be associated with the generally commercial use. Any noise-generating facility, such as air conditioners, would be carefully placed to minimize their noise impacts to adjoining properties. The project site is outside the boundaries of a flood way. No significant changes to surface runoff are anticipated by this project. 27 The site does not appear to have historic sites due in large measure to the prior development of the site. Nonetheless, work will cease if unanticipated archaeological remains are discovered during the development of this project. Work will resume only after proper clearances from the State and/or County have been received. While sightings of the Hawaiian Hawk (Io) and Hawaiian short-eared owl (Pueo) would be possible,this area is not their primary habitat. As such, the subject project should not have any significant impacts on rare or endangered plant or animal life in this area. As the project site is approximately four (4) miles from the coastline,the usual coastal resources concern is not pronounced. There will be no interference with shoreline access. Further, impacts to the coastal water will be minimized by the construction a new Individual Wastewater System built to Department of Health standards. With regard to the impact to the housing element, although the proposed project would remove one single-family dwelling from the current housing supply, there are still many housing options available in the Keaau area and the Puna district at large and thus the impact should be negligible. Further, dwellings are pennitted within CV-10 zoning should one ever be desired. There will be marginal impact to public facilities. A Department of Water Supply water line exists to the site with sufficient capacity to serve the proposed use. Vehicular access to the site is provided a County owned and maintained Road, Laukahi Place, which is accessible by emergency vehicles. Finally, in terms of the Land Use and Commercial Development elements, the pertinent goals,policies, and standards of the General Plan note the following. Goals • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. (Land Use Element) • Provide for commercial developments that maximize convenience to users. (Commercial Development Element) • Provide commercial developments that complement the overall pattern oj' ' transportation and land usage within the island's regions, communities, and neighborhoods. (Commercial Development Element) Policies • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. (Land Use Element) • Encourage the development and maintenance of communities meeting the needs of its residents in baiance with the physical and social environment. (Land Use Element) 28 • Distribution of commercial areas shall meet the demands of neighborhood community and regional needs. (Commercial Development Element) • Encourage the concentration of commercial lases within and surrounding a central core area. (Commercial Development Element) • The development of commercial facilities should be designed to fit into the locale with minimal intrusion while providing the desired services. Appropriate infrastructure and design concerns shall be incorporated into the review of such developments. (Commercial Development Element) Standards • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. (Land Use Element) Discussion The subject parcel is located within the Keaau Regional Town Center. As Keaau and its surrounding area continues to grow, there is an increasing need for regional commercial offerings located in the Regional Town Centers, and thus more need for commercially zoned lands within the Town Centers. The proposed project reflects that demand by proposing to rezone the subject parcel to CV-10,in alignment with the zoning of adjacent properties. The subject project, in addition to attempting to meet the need for commercial services, also fulfills other policies and standards articulated in the General Plan. The site is already serviced by adequate infrastructure—fire protective services,police and clinics are all within a quarter mile distance,road access is adequately improved and maintained, wastewater systems will be designed to meet the requirements of the Department of Health and all other utilities are available to the site. As such, this development should not require any additional public services. The site does not have any on-site developmental constraints. The land is relatively level, and there are no flood or other hazardous conditions that would render the site a developmental problem and pose a burden to public agencies. Being previously cleared for residential use, the prospects of the site serving as a habitat for rare or endangered plant or animal life appear remote. Likewise, surface and subsurface archaeological remains do not appear to be likely on this site. The use is also compatible with the surrounding area, which is primarily commercial. Although surrounding properties to the north, northeast and southeast are zoned residential, aside from one residence to the northeast of the parcel, the subject property is surrounded by non-residential uses: a Hawaiian telecom building is directly north of the site, a 76 gas station/7-hieven commercial establishment is 29 directly west of the site, the HMSA Administrative building is directly south and southwest of the site and Keaau Middle School is east and southeast of the site. Accordingly, the requested zoning would be congruous with existing and projected uses for this area. C. Puna Com unity Development Plan The designated zoning of the site is RS-20. Should the CV 10 zoning be approved,the requirements of the zoning codes would generally be complied with, including use and related development standards. These include the possible incorporation of appropriate restrictive covenants relating to density, use, and design restrictions. D. Zoning and Subdivision The designated zoning of the site is RS-10. Should the CV-10 zoning be approved, the requirements of the zoning codes would generally be complied with, including use and related development standards. These include the possible incorporation of appropriate restrictive covenants relating to density, use, and design restrictions. E. Conformance to Urban District Standards As the State Land Use Designation is Urban, the requested rezoning to CV-10 should not be contrary to the State Land Use Urban Standards. X. Conclusion Based on the consistency of the proposed change of zone request with the County's land use policies, approval of this request would be logical and reasonable. The requested CV- 10 zoning is consistent with the zoning and uses of the surrounding area and properties and would allow a local entrepreneur the opportunity to provide a unique and valuable retail service to Keaau and the surrounding areas. Although the alternative of leaving the land in residential zoning is viable, given the location of the subject property within the Keaau Regional Town Center, adjacent to other CV-10 zoned properties, and surrounded by a variety of commercial uses, the requested CV-10 zoning would allow for the highest and best use of the property and is the most sensible. 30 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII H I LO, HAWAII DATE: February 15, 2022 NZWO 444W TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Division SUBJECT: CHANGE OF ZONE APPLICATION (PL-REZ-2022-000016) Request: RS-10 TO CV-10 Applicant: Lawrence Palmer TM K: 1-6-002:082 We have reviewed the subject application forwarded by your memo dated January 31, 2022, and offer the following comments for your consideration: 1. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentary Control, of the Hawaii County Code. 2. All driveway connections and construction within the Laukahi Place Right-of-Way shall conform to Chapter 22, County Streets, of the Hawaii County Code. 3. Access to Laukahi Place, 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 Laukahi Place 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. 6. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage study shall be prepared and the Pfanvii-i g D tsp County of Hawaii is an Equal Oppornmity Prodder and Employer Exhibit— _ recommended drainage system shall be constructed meeting the approval of the Department of Public Works. 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. 3 3 33 3 7 i I County of Hawaii is an Equal Opportunity Prodder and Employer l EP s`'-3 u s l `s`d1 ;; T OF WA ` C$.� i !�lV' :'; I�ehru,tr� i 1, 'tt„ tJ Lt . v.; G C� I O: hlr. /cnlo Kern. Dircctol r:C"0 ii Lt Plannin- Department Y'ROM: Keith K. Okamoto, M�ir��l��er-( hicf F.n�,ineer SUBJECT: Change of Zone application (PI.-REZ-2022-000010) Request -Single-Family Residential- 10,000 Square Feet(16-10) to Village Commercial - 10,000 Stjuare Feet (CV-10) Applicant - Lawrence Palmer Tax Map lacy 1-6-0112:1182 We hay e rewde�ced tilt subiect application and have the f6110��itiil ct,mments and c«lxliti011s. Nater can be made available from an existing 8-inch v�4ucrlinc ithin Laukahi Place which fronts the. SubJeet parcel in accordance xwh the Department's emstin-, nater av'ailahility conditions, �%Ilich are suhiect to change mthout notice. The Dchxrtmcrit requests that the applicant submit estimated maximum dally water calculations 101. the hroposcd dc,eloplaaent, har rev and �apprtwal. 'I he eater ttsa,,e c�dculatit_,tis shall be prepared by a professionl cm-,inecr licensed in the State of11a,,vai-1, ani] should incluiie the estimated peril: 11oNv in gallons per minute (OPM ) ,_imd the total estimated maximum i_daik water usa-e in galloris per dati, includinL+ all In use. Upon receipt of the water usage calculations abocc. the Dcl'aartment will stake a detcrinination as to the "ti"atcr a,nalmillicut deposit amount and proyailin1_, Carilities charge(subiect to chaange) to be paid.. if necessary. (in the vlater de�naand cadculaiions_ the Dcjvrtment will determine the appropriate ,scrwicc lateral and nicter sil.c required tc>r the proposed -ICv Clopment. The proposed u,e vill require the installation oCn reduced pressure t�lpe backll(m pre,,enlion asseliII)k. vi ithin live (>) lect of[lie meter on priNate property'. 11'a lamer or Gadditional n'icter is require(1 a brackllovv prevention assen-it-6 will also he required for the that meter. I-he Ana tallation ol Clic hacktlkm prcv,:nt1on assembl}(s) must he inspected land approved by the Dcpartnrerat be101-C the contmenceniellixontinuation of��ater service. Please be informed that the existing 8-inch %yaterlinc mthin Laukahi Place i> inadequate to pro%Ide the required 2.000 -allons per minute flow for fire protection, as per the Department's 'yDater System P'lannine- D,,--.P,! . `Mater, Our`14ost (Precious Wfsourre. . . Ta Uai A K_ane. EXh i b It— 4 The Department of Water Supply is an Equal Opportunity provider and employer dr \IxlMWi } Ply& } §d«»c> 1L2 22 ( Sadwj< P+ gy§cmldmddCOOM OWL C Ogv OU011M WH 6c +»_ W wr0cp,wcCn +g3+Plum s ?2 m2 kc. } S§m6{ Gwcbz »« yc«3n< /Gsca+ed d . Inn Sw«woA mir al or + >d I"Mml Gwh. ;I%%) 962%2+ «v«n2ml2j2 dncc22 «m». } vv \ : } k3 G 2. 2E+9dG 3 y } �aaa\e»C b dEn/Rcw \ Ggy - d% Inmenzc1 htw } �tY OF h J Mitchell D.Roth �°• Mayor RaQnzi I. Mansour Director Lee E. Lord Brenda D. lakepa-Moses Managing Director Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street,Suite 41. Hilo,Hawai'i 96720 Ph:(808)961-8083 • Fax:(808)961-8086 Email: cohdem@hawaiicounty.gov MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Rainzi 1. Mansour, Department of Environmental Management DATE: February 3, 2022 SUBJECT: Change of Zone Application(PL-REZ-2022-000016) Request: Single-Family Residential- 10,000 Square Feet(RS-10)to Village Commercial- 10,000 Square Feet(CV-10) Applicant: Lawrence Palmer Tax Map Key: (3) 1-6-002:0$2 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 comments. ( ) Commercial operations, State and Federal agencies, religious entities and non-profit organization may not use transfer stations for disposal. (X} Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( ) Ample and equal room should be provided for rubbish and recycling. (X) Green waste may be transported to the green waste sites located at the West Hawaii Organics Facility and East Hawaii Organics Facility, or other suitable diversion programs. (X) 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: Planning L�(at Exhibit 5 County of Hawai'i is an Equal Opportunity Provider and Employer Rarnzi 1. Mansour, Director February 3, 2022 Page 2 The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Wastewater Division for details): ( ) No comments. ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Ilawai`i County Code, ( } Require Council Resolution to approve sewer extension in accordance with Section 21- 26.1 of the Hawai`i County Code. Complete Sewer R tension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawai°i County Code. { } Check or line out as applicable: If required by the Director of the Department of Environmental Management ("Director of DEM"), [ ] applicant shall conduct a sewer study in accordance with the applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require,which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( ) Proposed activity may be subject to existing or fiiture federal, state, or county regulation under Title 40 CFR 403.5, prohibiting discharge of certain pollutants into publicly owned treatment works. Contact the Hawai`i Department of Health for information regarding pretreatment standards. {X) Applicant shall follow Department of health regulations. No County sewer system in area. ( ) Other: RM.pls 2 Mori, Ashley From: Nakamura, Darlene K <darlene.k.nakamura@hawaii.gov> Sent: Monday, February 28, 2022 3:21 PM To: Planning Internet Mail Subject: Request for Comments - Lawrence Palmer- PL-REZ-2022-000016 Attachments: Palmer.signed.pdfi Palmer.ENGR Comments.pdf, Palmer.HDLO Comments.pdf Attached are comments from the Hawaii Department of Land and Natural Resources to the above-entitled subject project. } 6 1 SLZANNE D.CASE DAVID Y.IGE ,'� ,asp W� CHAIRPERSON GOVERNOR OF HAWAII e BOARD OF LA ND AND NATURAL RESOURCES COMMISSION ON AVATER RESOURCE I y � MANAGEMENT Q STATE OF HAWAII Seate of H.,4 DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE SOX 621 HONOLULU,HAWAII 96809 February 28, 2022 County of Hawaii Planning Department via email: Elanninrtc�iicauntgr;v Attn: Mr. Eric Cook 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Cook: SUBJECT: Change of Zone Application (PL-REZ-2022-000016)— Request to Change from Single-Family Residential-10,000 SF (RS-10)to Village Commercial- 10,000 SF (CV-10) located at 16-540 Laukahi Place, Keaau, Puna, Island of Hawaii; TMK: (3) 1-6-002:082 on behalf of Lawrence Palmer Thank you for the opportunity to review and comment on the subject matter. The Land Division of the Department of Land and Natural Resources (DLNR)distributed or made available a copy of your request pertaining to the subject matter to DLNR's Divisions for their review and comments. At this time, enclosed are comments from the (a) Engineering Division and (b) Land Division-Hawaii District on the subject matter. Should you have any questions, please feel free to contact Darlene Nakamura at (808) 587-0417 or email: darlene.k.nakamurat hawafLaov. Thank you. Sincerely, Russell 7-5 a�ji Russell Y. Tsuji Land Administrator Enclosures cc: Central Files it/%NNI I. DAVID Y.IGE c n Uurt It;11• :,7 H;i,,111 - Ihll V:II OF i VID%Xll%%-It R 11 141101 _ l 10%1%1111111N 111\1'III 1:U-1 Y X11\%I:1%11'\l' L�TATF OF HAWAII u>:r>uiTNtF:vT OF�.��r� XND IN QTc R\r.RESOURCES t-%ND DIVISION P()1I Ofilth l,U\f� II(YV()1 111 U.ILVVCA(I 4nSCi9 Feb 2, 2022 MEMORANDUM FROM: T DLNR Agencies: _Div. of Aquatic Resources _Div. of Boating & Ocean Recreation X Engineering Division (DLNR.ENGR(�hawaii.gov) X Div. of Forestry & Wildlife (rubyrosa.t.terrago(c:�hawaii.gov) _Div, of State Parks X Commission on Water Resource Management (DLNR.CWRM(c1�hawaii.gov) _Office of Conservation & Coastal Lands X Land Division — Hawaii District (gordon.c.heit(Ci�hawaii.(Iov) TO: F-P-GM Russell Y. Tsuji, Land Administrator'` SUBJECT: Change of Zone Application (PL-REZ-2022-000016)— Request to Change from Single-Family Residential-10,000 SF (RS-10) to Village Commercial- 10,000 SF (CV-10) LOCATION: 16-540 Laukahi Place, Keaau, Puna. Island of Hawaii, TMK: (3) 1-6-002:082 APPLICANT: County of Hawaii on behalf of Lawrence Palmer Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by February 25, 2022. If no response is received by the above date, we will assume your agency has no comments. Should you have any questions about this request, please contact Darlene Nakamura at dadene.k.nakamuraic`-hawaii.gov. Thank you. BRIEF COMMENTS: ( } We have no objections. ( ) We have no comments. ( } We have no additional cornments, (\/) Comments are included/attached. Signed: Print Name: Carty S. Chang, Chief Engineer Division: Engineering Division Date: Feb 24, 2022 Attachments cc: Central Files DE:PAR"fNE:W OU' L A D AND NATURAL RF:St: t*RC't_;S ENGINVERING DIVISION I.t3,'Rt�ssell '� . `1,staji mr: (T arse of Z011C Application (PL-RU-2022-000016) Request to 01,1r1ge f -on) Sin le-Family- lies identiail-10,000 A (RS-10) to Village Commet€ cial- 1{~I000 SF (CV-10) Loca km: 1Cr-540 E.auhAi Place, Keaau, Pura, Island of 1laiNaii 'I NIK(sy (3) 1-6402:082 .Applicant: CCounty of Hatwnd ori khaV of Lawrence Mier CMINIEN`I`S The rules and reydadons of the 'vaticmal Flood Insurance f4uprn (N 1T'}, Title 44 of the Code of Federal Rey_Frrlations t T4C'FR}. are in effect v,lieri cler:elolament talks itlin { Special Flood Hazard Ova (hiA-r sk avaq Be advised that 44C'FR. Cliaptc;r 1, Subchapter F3, Part tit) rellec;ts die minimurn standards as set ITorth by So NFIP Local cor7arntrt1ity flood cwdinances rnay stigdate hi��her standards that can be more restrictive and ti�c>r.rld take precedence over the. minimum FII' standards. I`lae or�rler of the project property andkw their-representatk e is responsible to research We Flood Flazard Zone clesignadmi Cor the project Flood zones subject to NFIP rephremenm are identified can FEAVs blood Insurance Rate flaps (FIRM). 'The official FIRtIs can be accessed OH-Ou«lt FTAIA's Map SertiWe Anter(rnse Canal jTc}x'}. Mw Fkmd I lazard lssessni nt Tod (FVL F) (l�ttp s.ha�Gariinlil� �r47 1 11:a 1 }COU ld also be used to research flood hazard information. If there erre questions regarding the local flood ordinances, please contact the applicable C'cxrrlt'` NFIP ccorclinMKg agowN beim C)ahir. Pity° and CocrntY OCI-101101131ra, DCJpar-tnlent of'Planninr� and Pernlittin« (808) 768-80%. F-Im aii !Wand. C`ountti o1'Flaz aii, Department of Public Works (8,0) `6l-8 327. NIN %fdokai t,anai County of Anti, Department of 'lannini, (808) 270-7139. Quak C ountti of VA. Department of Pul',lic Work; (fir: y 241--1840, Sirnrned _6Jf`I ItF F tC,lEF,R Dam: Foca 212022 DAVID V.IGE: , f II\IHI'I.H\I3� -r. - Rip ldiU f1F 1.:\\p\\11\�t Il R\t.HF.\QI kl},> (!1',4\11110\0% I-%I F',T ` t T)[TkRrkII NI O1. 1.1N1) iN1)Nk{l I �I.IttaOl R(1�ti I..AA1)DIN I.tiR)>' file; r)iliil 13(.\r•' Feb 2, 2022 MEMORANDUM TO: DLNR agencies: _Div, of Aquatic Resources Div. of Boating & Ocean Recreation X Engineering Division (DLNR.ENGR@hawaii.gov) X Div. of Forestry & Wildlife (rubyrosa.t terragoPc?hawaii.gov) Div. of State Parks X_Commission on Water Resource Management (DLNR.CWRM(!E7hawaii.c�ov) _Office of Conservation & Coastal Lands _X Land Division - Hawaii District (gordon.c.heitAhawail.gov) FROPr1 Russell Y. Tsuji, Land Administrator^�' }''I Tsc/ji SUBJECT. Change of Zone Application (PL-REZ-2022-000016) - Request to Change from Single-Family Residential-10,000 SF (RS-10) to Village Gommercial- 10,000 SF (CV-10) LOCATION: 16-540 Laukahi Place, Keaau, Puna, Island of Hawaii; TMK: (3) 1-6-002:082 APPLICANT: County of Hawaii on behalf of Lawrence Palmer Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by February 25, 2022. If no response is received by the above date, we will assume your agency has no comments. Should you have any questions about this request, please contact Darlene Nakamura at darlene.k.nakamuraCu hawaii.gov. Thank you. BRIEF COMMENTS: ( ) We have no objections. ( We have no comments. { ) We have no additional comments. { j Comments are included/attached. Signed-, `= Print Name: Division4/_--G,. f ,r✓/�_ Date: ?— /5> 2Z Attachments cc: Central Files Mori, Ashley From: Nakamura, Darlene K ^dadeneknakamuna@hawaii.gov' Sent: Friday, March 4' 2O222:25PM � � To: Planning Internet Mail Subject: FW: Request for Comments ' Lawrence Palmer PL-REZ-2822-000016 Attachments: Pa|mer.Add'isigned.pdf, Pa|mer.DOFAVVLate[omments.pdf Hi Eric, Attached are additional comments from L}LNR'S Division ofForestry & Wildlife tothe above-entitled subject matter. Thanks. Darlene From: Nakamura, Darlene K Sent: Monday, February Z8, ZO2ZlIIPK8 To: p|annin8@phavvaiicounty.gov Subject: Request for Comments Lawrence Palmer PL,REZ-2022'000016 Attached are comments from the Hawaii Department of Land and Natural Resources tothe above-entitled subject project. l If%IItr1 It�I I\ DAVID tGE Iirl\401 111 LAM)1\it\\111.\i [0' I RI I n\\\\1 41:KI.'m W 1 w \v,r ul\1 r/ , STATE OF llA\N All 1121 NlF:\"I OF LAND 1\I) \:�11 RAL R1 W t:4 1.VNn un I1I011 il lti� Itrl it i Is4�� ,'� nc��c�i t i.t it��r sir ;h�11; Mar 4, 2022 County of Hawaii Planning Department via email: planning(@hawaiicounty.gov Attn: Mr. Eric Cook 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Cook: SUBJECT: Change of Zone Application (PL-REZ-2022-000016) — Request to Change from Single-Family Residential-10,000 SF (RS-10) to Village Commercial- 10,000 SF (CV-10) located at 16-540 Laukahi Place, Keaau, Puna, Island of Hawaii-, TMK: (3) 1-6-002:082 on behalf of Lawrence Palmer Thank you for the opportunity to review and comment on the subject matter. In addition to our previous comments dated February 28, 2022, enclosed are comments from the Division of Forestry & Wildlife on the subject matter. Should you have any questions, please feel free to contact Darlene Nakamura at (808) 587-0417 or email: darlene.k.nakamura(a?hawaii.gov. Thank you. Sincerely, Russell Y. Tsuji Land Administrator Enclosures cc: Central Files I t 14\IIt I'I It\I I\ DAVID IGE - 611\Il II UI I %\Il ".:F'I''•A"Il i.�0I1 H\1I0\tl\\\\1 f.it RI\(ItMI 11\\\1,l,II♦I STATE OF 11 k\\All I �. I F..II I IF:N"I c)I I..V*NI1 SNI) NA I I R. I. IzI.,S t ItC'Es L 011 UI\111100 pnc i t tl 1 1(1 M)\ I It t\f)I l Ll . I I \11 \.II '•)hslhl Feb 2,2022 MEMORANDUM TO: DLNR Agencies: _Div. of Aquatic Resources _Div. of Boating & Ocean Recreation X Engineering Division (DLNR.ENGR(cDhawaii.gov) X Div. of Forestry & Wildlife (rubyrosa.t.terrago(a)hawaii.gov) _Div. of State Parks X Commission on Water Resource Management(DLNR.CWRM(a)hawaii.gov) _Office of Conservation & Coastal Lands X Land Division — Hawaii District (aordon.c.heit a)-hawaii.gov) FROM: Russell Y. Tsuji, Land AdministratorR&iss'» T_suJ, SUBJECT: Change of Zone Application (PL-REZ-2022-000016) — Request to Change from Single-Family Residential-10,000 SF (RS-10) to Village Commercial- 10,000 SF (CV-10) LOCATION: 16-540 Laukahi Place, Keaau, Puna, Island of Hawaii; TMK: (3) 1-6-002:082 APPLICANT: County of Hawaii on behalf of Lawrence Palmer Transmitted for your review and comment is information on the above-referenced subject platter. Please submit comments by February 25, 2022. If no response is received by the above date, we will assume your agency has no comments. Should you have any questions about this request, please contact Darlene Nakamura at darlene.k.nakamura(a)hawaii.gov. Thank you. BRIEF COMMENTS: ( ) We have no objections. ( ) We have no comments. ( ) We have no additional comments. (® ) Comments are included/attached. WA Signed: Print Name: DAVID G. SMITH Administrator Division: Division of Forestry and Wildlife Date: Mai-3,2022 Attachments cc: Central Files L IT I)1 1'_',1.I MI M 11 1 M.11 NAI 1 RAI RI W li l'.C'I s I '. v l "M1 kl i L R("N:_S March .;_ 022'' ifl NIOR )oNDl'1'l 1py mi 3511) TO: RUSSELL `t'_ ISM Land Adnlitli trawr Land M ision FROM: DAVID Ci. Soft I I-1, Adnurtl trltor M)sic>n of Forestr; and Wdlif'e SUBJECT:CT: 10 ision of Forestry ,incl Wildlife Cortrnrents orr a Chninge of;done .-'PIAicadon Requesting a ReaonAg of a Parcel from Single-Family Residential to Village Commercial in Pnria. HaivaPi 1 he Department r f l_ttnd and Natter l ResomTek M tsion of Fvmvstry and \\ Whfe (()(�F.1W has received Iour request for cornmetlts regal-ding the Qan`,c of .June ;Application (PL-RE1-2022- ()0001 ) for a parcel located at 10-�40 Ltit kaki Place. Keawt. Puna, on the island of tfi l� t1i`i, I IMW (_) 1-6001082. the proposed project c:onjsts (& rezoning, all 11,24 square foot parcel hoin. Si11{=le Eanlilv Residential (RS40) to the Village ('orllnterci ll {( A -!+J1 district. The applicant proposes to cmve-t all existing single-falntls d e hng on the subject proj)C'rt� imo a retail outlet MY nvo salt}\'n rooms. two bathrooms, a `.Zorkshop sa age space, and four parking malls. Ilse tlpplicallt also proposes trtlnduct ,orae 31 )nor altet-ntions to tall ��ltittll`' )1111 t�i tat.` to ilCCt?111171odate adItiL ul paditit. All constrtlCdon will be contained within the 3r1'_T1?lal FoOlPrint of the existing briilding and no additional structures are proposed, The Sum; listed EIa liitln Hoary Sat rii- Opo'ape {I. rii r,'rjc .=itcvivn ;e°ntev l cmdd potentiallw' ocetll in elle vicinity of the project area and n1 l\ t(-)i15t til neartiv trees, Any required sett' clearing be timed to an Ad disttirflance to bats diring their hAdi114a and pLglTlearing season ( lune thrcltyh September 151 E7uling this pedal w"ticl; plants treater than 15 feet (4.0 meiels) tall should not 100 distrubed, renlo%ed or trimmed Bated wir, should also he a-,,01ded for 11% consauction I'eec:ltl e ban can become enwand am! killed b5 stich fervilw chNntu D64?tlt- Artificial lighting call adversely impact seabirds that may pass through the area W 001 by Mtti117`t disorientntiorl 1 his disorientation can result in a MIMI' t\lth manmade structures or the t?vandin!, of lairds- For illp uime wort; tat mil 7llt be rectum-,cl, DO -AW 1)11171'; alta 11-Eat X111 li'hts used t0 he f libv shielded to ndnitllize the auracdon of seabirds, Nighnime lGE7tlt that (etltlire., oltdocar lighting should be f1Wde l du6nu lhe seabird Hedging _`-;tIasc�n freta':'! Septe111h 'r 11 throu1 ,',,h D)_cQ'11111er 15. This is the period tjh4n 'youilt_' seabirds t,1lke their maiden vo a ' to the op it Sea. P rnanent lighl.f11g ako po es a risk of seabird cltti'tclu n, and as alch Should be t111111n )zed O eliminated to protect seabird Ilymays and preserve the night ski'. For illustrations and Sgt idance related to seabird-friendly light steles that also protect seabirds and the dark starry, skies of I-iawd'i please %isit The State listed Hawaibn Goose or ''ene (Hruniu .NL1100(-cll is) may potentially occur- in the vicinity of the proposed protect site. It i; a'-'ain t State lavt to harm or harass this species. If any are present during construction WOW, then all actin ities "ithin 100 feet (30 meters) should cense, and the bird should not be approached. Work may continue alter the Bird leaves the area of Is own accord. If a nest is discovered at any point. please contact the HavNai'i Branch Office at (808) 974-422 1- The )_ l-4221- The State listed Hawaiian Hawk or Ao (B111ce) may occur in the project vicinity. pO)=.-M recommends surveying the area to ensure no Haniaiian Hawk nests are present if trees are to be cut 'Io nests mai' be present clink`« the breeding season hum March to September. DOWN recommends mKimizing the movement of plant or soil material between w orksites. Soil and plant material may contain 0%asive fungal pathogens Rapid 'Ohi'a Death). vertebrate and invertebrate pests (e,g.. Little We Ants, Coconut Rhinoceros Beetles), or inn ash e plant parts that could harm our native species and ecosystems. We recommend consultirtU' the Bigg Island Invasive Species Committee (BIISC) at (SOS) 93;-3340 in the planning- design and construction of the project to learn of any Qh-risk ins asive species in the area and ways to niitigate spread. All equipment- materials, and personnel should be cleaned of excess soil and debris to minimize the risk of spreading invasive species. Gearthat may contain soil_such as�n ork boots and v ehicles, should be thoroughly cleaned "Ah water and sprayed with 70"o alcohol solution to prevent the spread of Rapid `Ohka Death and other harmful fungal pathogens. DOFA\V recommends using natix e plant species for landscaping that are appropriate for the area ov, climate conchtions are suitable for die plants to thrive.. historically occurred there_ etc.). Please do not plant invasive species. DOFA\V recommends consulting, the I--Ia\wai'i-Pacific \Veed Risk Assessment website to determine the potential invasiveness of plants proposed for use in the project(https: sites «oo>?le.conllsite'weediiskassessment!home). We recommend that You refer to �ti�oy lantpono.or� for guidmwe on the selection and ev aluation of landscaping plants_ We appreciate your efforts to work with our office for the conservation of our pati\e species. Should the scope of the project chant' significantiv, or should it become apparent that threatened � or endangered ,pedes may be impacted_ please contact our staff as soon as possible. If you have any questions, please contact Paul RAW,. Protected Species Habitat Conservation Planning Coordinator at (808) 295-1123 or paul.m.radleN Q hawaiWv . Sincerely. DAVID G. SMITH Administrator Mori, Ashley From: Henderson, Royd Sent: Wednesday, February 9, 2022 9:35 AM To: Araujo, Jaclyn; Planning Internet Mail Subject: RE: Request for Comments on App. No. PL-REZ-2022-000016 for Lawrence Palmer on TMK: (3) 1-6-002:082 To whom it may concern, j The Fire Department will require the subdivision to design according to the following codes: Fire Department Access and Water Supply shall comply with Chapter 18, Hawaii State Fire Code and Chapter 26, Hawaii county Code. HFD. Thank you for your time and consideration. Royd Royd Henderson Fire Prevention Inspector II Hawaii Fire Department Prevention Bureau (808) 937-7867 From:Araujo,Jaclyn Sent:Tuesday, February 01, 2022 1:21 PM To: DPW Eng<dpweng@hawaiicounty.gov>;dwsengineeringreview@hawaiidws.org; cohdem <cohdem@hawaiicounty.gov>; HCPDONE<HCPDONE@hawaiicounty.gov>; Fire Admin<fire@hawaiicounty.gov>; Kurashige, Palani <Palani.Kurashige@hawaiicounty.gov>; Baybayan, Clinton<Clinton.Baybayan@hawaiicounty.gov>; Vares, Kyle<Kyle.Vares@hawaiicounty.gov>; Henderson, Royd <Royd.Henderson@hawaiicounty.gov>; Kawasaki, Edward <Edward.Kawasaki@hawaiicounty.gov>;Surprenant,April <April.Surprenant@hawaiicounty.gov>; Morrison, Bethany<Bethany.Morrison@ hawaiicounty.gov>; Honda, Eric<Eric.Honda @doh.hawaii.gov>; michael.une@doh.hawaii.gov; dlnr@hawaii.gov; dlnr.land@hawaii.gov Cc:Cook, Eric<Eric.Cook@hawaiicounty.gov>; Dacayanan, Melissa<Melissa.Dacayanan@ hawaiicounty.gov> Subject: Request for Comments on App. No. PL-REZ-2022-000016 for Lawrence Palmer on TMK: (3) 1-6-002:082 Importance: High Aloha Kakou, Please see attached Me no.Egestin` ....j.r irevnew a coir�i nts on the subs c. _a.pplication. Link to review the application in the County's web-based EPIC system can be found below: Lawrence Pa�mer'_s Chane of Zone Ap�icaadon , -4#'ining De )i . Exhibit 8 We kindly ask that you submit your comments to 'pj:�nnjn a a i o n' ,g no later than March 1, 2022. Should you have any questions, please feet free to reach out to Eric Cook at (808) 961-8169. Have a wonderful, day Et take care! (9 Mahato nui toa, _7ac[)rn,4raujo Planning Commission Support Technician County of Hawaii - Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 Phone: (808) 961-8288 1PCOUNTY OF KAWAKI Electronic Processing and Information Center (EPIC) 'T'j)e Cour-fLy of ].­Iawa 'i officia-fly launched its new Electronic Processing & Information Center (EPIC) permit system on July 262021, We, are now,only_ggg!�.pjin electronic 11-11­........... qp,g,j,]ca.flor,1s, For more, Mormation, go to hftijs:/1hawaajijic2ogjntyhi- enerqovpub.tvierhost.net/Apps/Se[fService#/home. Confidentiality Notice: This e-mail message,including any attachments, is for the sole use of the intended recipient(s)and may contain confidential and/or privileged information. Any review, use,disclosure,or distribution by unintended recipients is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. 2 LAND" 194 WMoole St. Hdo, 1-11007- (gr)h) ;; -;;9; PLANNING into'ci,landplannin,.ha\taii.com HAWAII LLC ! Apri l 14, 022) Mr, Jeffrey Darrow, Depute Director Plannin, Department COUNTY OF H:y1VA11 101 Pauahi Street Hilo, H1 06720 Dear Mr. Darrow.. Subject: Attn: Jessica Andrews Response to AgencN- Commelits Pertaining to Change of Zone Appliention (PL,-REZ-2022-000016) .-applicant: Lawrence Palmer Keaau Puna Hawaii TNIK: (3) 1-6-002: 082 The applicant of the subject application is requestinu, to rezone the subject property from RS-10 to C\'-10 in order to con\ert an existin" single-family dwelling on the property into a furniture and appliance store. This letter-is intended to provide a response to a�yencv comments received from the Department of Public Works and the Department of Water Supply pertaining to the subject application_ First_ reg-ardin, comments received from the Department of Public Works. Comment No. 4 states. 8c1.NCcl oil the we recommencl that the aJln!icant pl'orwlr irrlr�rrne°mCrtt.c !ri strhjeci pr()lrcrtCs Lwtkahi Mucc f-0111agc collsisting of htrt lw/ limitccllu, ha;,cmC t wiclenblg' rrilh cnncrctc c•llrh, (11rtrC1,arrcl skfeu crlll. c(ruina,C ilrahr��r clr�crrt�, �i�rri� and l>>clrhirr���. strec t1i��rhn, anal ant.relocation n1,rrti1itic�s rneetirr, tlrc 4mcric-culs wish I)tsobililics ,-fct C110/17C crlllrrrn'a1 o/the Ucpurimcw crl*l'trhlic 67'`crr�.�. :-lm,fiaure r-ncicl wiclenirt Sell'1creks as estohlishccl hr- dw Phn*il in,, Oeharlmeltt shonlcl he token info cousicicrativnfiw the 10L't li011 01111C IrY111rY71'CN7C'rll.�. We believe that this condition is overly burdensome elven the scope and nature of the proposed project. The applicant is seeking CV-10 zoninc, in order to operate a furmttrr-e and appliance store out oFthe existinLr I. 15-1 square foot dsselling on the property. As the nature of the business is to sell items that would need to be transported by a vehicle and the applicant expects only an aVeral-le of 10 pahons maximL.ull I)er day. the business does not expect to receive foot traffic that would warrant these road frontage improvements (pavement widening >vith concrete curb, ;,utter and sidewalks) The existin, crosswalks and good condition of the grass currently at the property frontaue would indicate there is little toot traffic on the north side of Laukahi Place. FuFiher, there wor.rlci be little utility or pr.rblic benefit front two shortsections of sidewalk approximately 0 feet and 77 feet in length Please see attached map shove in-area pedestrian facilities. Planning Dep;. Exhibit Additionally,, the cost of constructing these irnprO eluents \lould he prohihitire for a small hu irtess such as the one heing pr posed. These irzipw\erno t "ould be imoe aft)roprime and feasible fora larg=er huAnos "Rh a higher-traffic y olurne_ NA rapes dut these imprivernents only be mconlrltended should the scope of the business be expanded or enlarged beyond tyre oc>tprirtt Of the e\istin.", structrn`e. With regard to connvents recti%ed fr un the Department ofWater Supply (DWS), tale applicant imends to corttply "Ah all f1W S cctnri ticm, DWS leas indicated that water can be made at ailttble for the pr«posed project and has r'cclueAed tlltrt the applicrrrlt sul_7lllit estirtaate rtiaNinturlt daily "Atc,r Wave caler.riat N s. The applicant "iil catijAy kvith this e midition. but uiv on the time tinct expense of obtain those calculabons. "e resp est the applicant be permitted to sulbinit the eater Calculations to DWS o ithill 001 days of apt7r ASI of the change of zone application. Standard comments and or no comment letters recei�ed front the Department of` m i-onmental Management, Avision of Forear'i and \N1100, DL-''-,R Engineering; and Land Divisions. Depar-tnnent of Health, lite and Police Departments am all accelamble and the applicant All complyw%pith those agenc' recluimments We trrtst that e\erg thin4g is in order for ti our acceptance and processing of this application it not of if there are questions relatiau to this matter. please {peel free to direct there to rne. Thank torr vei, much Sincerci . Jol "N', PllkA' l'lannin,., NdnllIli strator Enclo:3 ves ,vlap ofarea pedestrian futilities Copy -- Lav"once 1'almet RPalmerREZ.4.1122 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION LAWRENCE PALMS CHANGE OF ZONE APPLICATION ( L- Z-2022-000016) Upon careful review of the request against the guidelines for granting a change of zone, the Deputy Planning Director is recommending that a favorable recommendation of the Change of Zone from Single-Family Residential— 10,000 square feet(RS-10) to a Village Commercial— 10,000 square feet(CV-10) zoning district for approximately 11,254 square feet of land be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Deputy Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting to change the zoning district from a Single-Family Residential— 10,000 square feet(RS-10) to a Village Commercial— 10,000 square feet (CV-10) zoning district for approximately 11,254 square feet of land, in order to establish a furniture and appliance retail outlet. The applicant's proposed retail outlet will include two (2) showrooms, two (2) bathrooms, a workshop/storage space, and a parking lot with four(4)parking stalls, one(1) of which will be A.D.A. accessible. The applicant is proposing renovations within the existing building footprint to bring the building to code for commercial occupancy and to realign the floor plan to accommodate the proposed showrooms. No additional structures or expansion of the existing building footprint are proposed. The applicant plans to employ two (2) to three (3)people to support the business with intended hours of operation from 9:00 am to 5:00 pm, Tuesday through Saturday Furthermore, the applicant anticipates the project will cost approximately$100,000 and that construction will be completed within two (2) years of being granted the requested Change of Zone. Please note that although the applicant is currently proposing to convert the existing dwelling to a retail outlet, any permitted use in the CV-zoning district can be e 6 z Ali 41, ry , t r e 4 i. OAS 4 J4 vi,. STATION 7 • �Y d tl; 4' RESIDENTIAL LOT CROSSWALKS ` . = t, � t �k ( nAr wp . t YM Y a ,. established on the property should the change of zone request be approved. 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-10 zoning district conforms to applicable goals, policies and standards of the General Plan and the Puna Community Development Plan. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals,policies, standards, and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall goals,policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the following goals,policies ana standards 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, cultural and physical environments of the County. ■ 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. -2- ■ Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscapinb and other design elements in their development. ■ Preference shall be given to commercial lands with a reasonably level topography. ■ Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. ■ Provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. 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-10 district conforms to the LUPAG Map, which designates the property and the surrounding area as a mixture of Low Density Urban and Medium Density Urban. Low Density Urban allows residential use, with ancillary community and public uses, and neighborhood and convenience-type commercial uses, while Medium Density Urban allows village and neighborhood commercial and single family and multiple family residential and related functions. Based on the preceding, the requested change of zone to a CV-10 district conforms to the LUPAG Map. In addition, the proposed change of zone is consistent with the Puna Community Development Plan(PCDP), as the subject property is situated within the area designated by the PCDP as the Kea`au Regional Town Center. According to the PCDP, village and town centers are expected to include a mix of uses, including small-lot and higher density residential,retail and office commercial, service-type light industrial, and public and quasi-public facilities, such as schools, churches, and parks. Furthermore, the policies of the PCDP direct this type of commercial development into village and town centers, thus this proposed CV zoning is consistent with the intent of the PCDP. -3- All essential utilities and services are available to the property. The subject parcel is currently accessed via one (1)paved driveway connection to Laukahi Place, which is a County owned and maintained roadway with an approximately twenty-five(25) foot pavement width within an existing forty(40) foot wide right-of- way. The southern side of Laukahi Place is improved with an approximately eight (8) foot wide sidewalk. As a local street, Laukahi Place should have a total 50-foot-wide right-of-way (currently 40 feet), however, the Deputy Director is not inclined to require a future road widening setback as it was not required of other properties that were rezoned to CV in the immediate area. Based on the proposed zoning, the Department of Public Works (DPW) recommends that the applicant provide improvements to the subject property's Laukahi Place 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. DPW recommends the improvements to be located within any future road widening setback established by the Planning Department and that all driveway connections and construction meet the requirements of Chapter 22, County Streets, of the Hawaii County Code. Additionally, DPW recommends that the applicant install any required streetlights or traffic control devices as may be required by the Traffic Division, Department of Public Works, with design,purchase and installation being the responsibility of the applicant. As the applicant is currently proposing to convert an existing dwelling into a small retail building, they have requested the DPW roadway improvement requirements outlined above be deferred to when the scope of the business is expanded or enlarged beyond the footprint of the existing structure. The Deputy Planning Director is not inclined to support that request as there has been no representation that the applicant ever intends to expand or enlarge beyond the footprint of the existing structure, thus the improvements may never be made. The proposed retail use is considered a permitted use in the CV zoning district. Moreover, these improvements have been required of other landowners in similar rezonings and are appropriate for this type of zoning in urban -4- Kea`au. As such, the Deputy Planning Director is recommending the improvements be similarly made prior to issuance of Certificate of Occupancy. County water is available to the site via an existing 8-inch waterline within Laukahi Place, fronting the subject parcel. The Department of Water Supply (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 the proposed commercial use. The DWS also requires a reduced pressure type backflow prevention assembly be installed. Finally, according to the DWS, the existing 8-inch waterline is inadequate to provide the required 2,000 gallons per minute flow for fire protection, as per DWS standards, and the applicant will need to work with the Fire Department to determine any other fire protection requirements or alternatives. The preceding will be added as conditions of approval. According to the Department of Environmental Management(DEM), there is no County sewer system in the area. The existing dwelling is currently serviced by an existing cesspool; however, the applicant has stated they intend to replace the cesspool with a septic system meeting with the requirements of the State Department of Health. The preceding will be added as a condition of approval. There are no municipal waste collection services in the County. According to the application, solid waste will be handled by commercial haulers, who will dispose of the refuse at authorized landfill sites. Electrical, telephone and internet services are available to the property. Police and fire services are available in Kea`au, and medical services are available in Kea`au and Hilo. There are no severe geological or topographical problems for the property that cannot be properly rectified, or which would render the land unusable. According to the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA) and the Department of Public Works- Engineering Division (DPW), the property is located in Zone "X", an area outside of the 500-year flood area. There are no significant topographical constraints, and the property -5- is not located in a flood zone. Conditions of approval will ensure that all development generated runoff will be disposed of onsite and that the applicant will comply with Chapter 10 related to Erosion and Sedimentation Control. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not situated within the Special Management Area. It is located over three (3) miles from the nearest coastline and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources, or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. It is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property because the property was previously bulldozed and cleared. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical, or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "DASH" and "Ka Pa`akai 0 Ka`Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: ■ Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kama`aina accounts of the area, historical survey of documentary records, or botanical study was included in the application. ■ The valued cultural, historical, and natural resources found in the rezoning area: No professional archaeological and cultural study was conducted of the property. According to the applicant, no archeological or historical features are known to exist on the subject property nor is the property listed as a historic site on the State or National Register of Historic Places. No professional floral or faunal survey -6- was conducted of the property. The subject property has been previously cleared for construction of a single-family dwelling. The vegetation on the subject parcel primarily consists of non-native grass, with no other landscaping or natural vegetation on site. According to the applicant, introduced bird species such as dove, Japanese White-eye, house finch and myna are common in the surrounding area, as well as domestic animals such as cats, dogs, goats, chickens, rats and feral pigs. According to the Department of Land and Natural Resources Division of Forestry and Wildlife(DOFAW)the Hawaiian Hawk or 'lo (Buten solitarius) may occur in the project vicinity and their nests might be present during the breeding season from March to September. DOFAW also reported that Hawaiian Hoary Bat or'Ope`ape'a(Lasiurus cinereus semotus) could potentially occur in the vicinity of the project area and may roost in nearby trees. Bat birthing and pup rearing season spans from June 1st through September 15th. Finally, DOFAW reported that the Hawaiian Goose or Nene (Brenta sandvicensis)may also potentially occur in the vicinity of the proposed project site. It is against State law to harm or harass this species. DOFAW has provided guidance on measures to avoid and minimize impacts to the listed species, in addition to guidance on avoiding the spread of invasive species and pathogens. ■ Possible adverse effect or impairment of valued resources: Native plants and/or endangered species are unlikely to be impacted by the proposed development due to the developed and urban nature of the subject property. ■ Feasible actions to protect native Hawaiian rights: No known gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance -7- with the Fire Code, installation of improvements required by the American with Disabilities Act(ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above findings, the request to rezone the property from a Single- Family Residential- 10,000 square feet (RS-10) zoned district to a Village Commercial- 10,000 square feet (CV-10) zoned district would result in an appropriate land use pattern that would further benefit the general publico The accompanying draft bill to amend Section 25-8-25 (Kea`au 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. -8- t HAWAIICOUNTY OF 1 STATE OF HAWAII `vtre QF XA'Nr/ ILL NO. ORDINANCE N <Planning Department> AN ORDINANCE AMENDING SECTION 25-8-25 (KEA`AU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) 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— 10,000 SQUARE FEET (CV-10)AT KEA`AU, PUNA, HAWAII, COVERED BY TAX MAP KEY: 1-6-002:082. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-25, Article 8, Chapter 25 (Zoning Code) of the Hawaii 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 Kea`au, Puna, Hawaii, shall be Village Commercial— 10,000 square feet (CV-10): Beginning a '/2"pipe found at the South corner of this parcel of land and the Southwesterly corner of Lot 1183, (Map 34) at the North boundary of Laukahi Place, (Lot 1146, Map 34), (40' wide), the coordinates of said point of said point of beginning referred to Government Survey Triangulation Station"Ola`a"being 8,686.66 feet North and 6,157.89 feet East, and running by azimuths measured clockwise from True South: 1. 1030 31' 00" 52.86 feet along said North boundary of Laukahi Place, (Lot 1146, Map 34) to a ''/z"pipe, set, thence; 2. 1090 01' 30" 109.87 feet along same, to the South corner of Lot 1147, (Map 34), to a '/2"pipe, found, thence; 3. 1840 27' 00" 42.75 feet along the East boundary of said -1- Lot 1147, to the West corner of Lot 1182-A, (Map 34), to a mag nail, set, thence; 4. 2480 40' 00" 108.51 feet along the South boundary of said Lot 1182-A, to the West boundary of Lot 1183, (Map 34)to a calculated position in an 18"tree, thence; 5. 3380 40' 00" 139.85 feet along said West boundary of Lot 1183, to the Point of Beginning. Enclosing an area of 11,254 sq. ft., more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2016 Edition, as amended), the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. INSERT CONDITIONS -2- 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: -3- CPalmerREZ.4.13.22 LAWRENCE PALMER CHANGE OF ZONE APPLICATION (PL- Z-2022-004016) CONDITIONS OF APPROVAL A. The applicant, successors or assigns ("Applicant") shall be responsible for complying with all of the stated conditions of approval. B. Construction of the proposed development, as substantially represented by the Applicant, or as permitted by the zoning district classification, shall be completed within five(5) years from the effective date of this ordinance. Prior to construction, the Applicant shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and 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) and Chapter 25 (Zoning Code), Hawaii County Code. C. Prior to commencement of the proposed use, the Applicant shall secure and finalize all required building pen-nits from the Department of Public Works Building Division, including a change of use building permit for the existing structure to be converted from use as a single-family dwelling to a commercial use permitted in the zoning district classification. D. Prior to the issuance of a water commitment by the Department of Water Supply(DWS), the Applicant shall submit anticipated maximum daily water usage calculations, as prepared by a professional engineer licensed in the State of Hawaii to the DWS. A water commitment deposit shall be paid to the DWS within 180 days from the effective date of this ordinance in accordance with Rule 5 of the DWS's Rules and Regulations. The Applicant is responsible for maintaining valid water commitments until such time that required water facilities charges are paid in full. -1- E. The Applicant shall install a reduced pressure type backflow prevention assembly within five(5) feet of the existing water meter and any additional water meters on private property, which must be inspected and approved by the DWS. F. Prior to obtaining certificate of occupancy, 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 commercial zoning. G. 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. H. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentation Control of the Hawaii County Code. I. All driveway connections and construction within the Laukahi Place Right-of-Way shall conform to Chapter 22, County Streets, of the Hawaii County Code. J. Access to Laukahi Place, including the provision of adequate sight distances, shall meet with the approval of the Department of Public Works. K. Prior to obtaining certificate of occupancy, the Applicant shall provide improvements to the subject property's Laukahi Place 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. L. The Applicant shall be responsible for the design, purchase, and installation of streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. M. Should the Applicant develop a land use which the Planning Department, in consultation with the Department of Public Works, determines will generate over 50 peak hour trips, a Traffic Impact Analysis Report (TZAR) shall be submitted for review and approval by the Department of Public Works prior to Final Plan Approval. The Applicant shall implemcnt, when required by the Department of Public Vvorks, at r o cost to he County, -2- any transportation system improvements to Laukahi Place that may be deemed necessary by the Department of Public Works. N. The method of sewage disposal shall meet with the requirements of the Department of Health. O. 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 fords that sufficient mitigation measures have been taken. P. 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 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$10,033.83 per multiple 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. $4,949.40 per multiple family residential unit or lot to the County to support park and recreational improvements and facilities; -3- 2. $156.43 per multiple family residential unit or lot to the County to support police facilities; 3. $481.18 per multiple family residential unit or lot to the County to support fire facilities; 4. $214.47 per multiple family residential unit or lot to the County to support solid waste facilities; and 5. $4,232.35 per multiple family residential unit or lot to the County to support road and traffic improvements. Q. 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. R. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the Applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to Final Plan Approval. S. An initial extension of time for the performance of conditions within the ordinance may be granted by the Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the Applicant, successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). -4- 5. If the Applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. T. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the subject area to its original or more appropriate designation. -5- r0 r I=� A-20a CV-10 O Z� A-20a Leo RS-10 a CV-10 o R -10 R5 0 Miro s� R - O CV-10 U� \A°P�IP CV-10 8,686.66'N 6,15TWE "OLAA" R RS- CV-10 LAU Nr PL o U SINGLE-FAMILY RESIDENTIAL S� (RS-10)TO N VILLAGE COMMERCIAL(CV-10) RS-10 uH CV-10 R 10 '�o 0 CV-10 �Ap NAME ST RS-10 O RS-10 �O GP RS-10 C o 0 °v CV-1Q O" Feet 0 300 600 900 1,200 1,500 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-25 (KEAAU 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 (RS-10) TO VILLAGE COMMERCIAL (CV-10) AT KEAAU, PUNA, 1--?AW-ld'I MAP PREPARED BY: TMK:(3)1-6-002:082 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:February 1,2022 EXHIBIT"A" Lawrence Palmer Map: 1437 m�. _ „r. ....... ..�,t"e` .,�.,. _.�.�30.'. h-....;y. .. x.. � �,., ....;r .,w ;r .Y:., ,:.. ..... .. 3 �� _.. � .. .. r �? .. �`-. �.... �f�., �,v:.. ,r r �~w .. �;„.- �, fi � x. a L 4 _ � ;.y-, 3 Nyy �� �� x � x y x .a ... .� � ,;�,u r r �a u •� � w w. f � s� ��Kr � r.. .. r, t �, �. m r �� :p .� r r .. *� �.;'.. t 3+:x Fes, � �....k �I �' �h'Y'�*t' .k I ! � � � � 3u,.�S'xd �...rr" $ ti�fl�" �"�„`.�. °� - � �' �I � '�' 'v�-u '��+# ,�z�"� `va v3�s.��. �'�� 3�� ���as,�,���:,i .3"'� �°. �" � .x� a�t,��:�'M5 y= ��i���,����' �'�..,.. t����ar+�!� ��� M��.yyi.�'�'� �=��� 4�'� '#k'# � rI�'�m'� � '��' � �" rJ y**��� �'b *mak• `� �' °�ia���. �*� ski a�� ,�'..�r� �.. 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